Policy Area

The U.S. Supreme Court sent two cases involving limits on religious service attendance back to lower courts to reconsider in light of Roman Catholic Diocese of Brooklyn, New York v. Cuomo. In that case the Court ruled 5-4 that New York’s limits on attending religious services to 10 or 25 people while grocery stores, banks, and laundromats, etc. could admit as many people as the liked, likely violated the First Amendment. Prior to the New York case the...

In NCAA. v. Alston and AAC v. Alston the U.S. Supreme Court will decide whether the National Collegiate Athletic Association (NCAA) eligibility rules which prohibit pay-to-play violate antitrust law. The Ninth Circuit ruled against the NCAA. Numerous state legislatures have...

 

As a result of the COVID-19 pandemic, the percentage of Americans who work remotely has increased from roughly 15% to 50%. The transition to telework has required everyone to adjust, but it has posed unique challenges for some people with disabilities. The Council of State Governments’ (CSG) National Conference session, “Telework: Adapting to the...

On Friday night the U.S. Supreme Court rejected Texas’s lawsuit challenging the results of the presidential election in Georgia, Michigan, Wisconsin, and Pennsylvania.  

Texas filed its lawsuit directly in the Supreme Court rather than in a lower court first relying on a constitutional provision giving the Supreme Court “...

In Carney v. Adams the Supreme Court held unanimously that James Adams lacked standing to challenge a Delaware constitutional provision that requires that appointments to Delaware’s major courts reflect a partisan balance.

Delaware’s Constitution states that no more than a bare majority of members of any of its five major courts may belong to any one political party. It also requires, with respect to three of those courts, that the remaining...

In a unanimous decision the U.S. Supreme Court held in Rutledge v. Pharmaceutical Care Management Association that states may regulate the price at which pharmacy benefit managers (PBMs) reimburse pharmacies for the cost of prescription drugs without violating the Employee Retirement Income Security Act (ERISA).  

PBMs act as an intermediary between prescription-drug plans and pharmacies. When a pharmacy fills a prescription the PBM reimburses...

Yesterday, in a one-sentence statement containing no recorded dissents, the U.S. Supreme Court refused to strike down Pennsylvania’s no-excuse absentee ballot scheme. December 8, 2020, was the “safe harbor” deadline for the votes of Pennsylvania’s presidential and vice-presidential electors to be included in the counting of electoral votes.

Challengers...

Over no noted dissents and without an opinion, the Supreme Court ordered a federal district court to decide again whether California may ban all indoor religious services in counties most severely hit by COVID-19. The order instructs the federal district court to reconsider this case, Harvest Rock Church v. Newsome, in light of the Supreme Court decision last week in...

By Dina Klimkina and Bobby Silverstein

On Nov. 3, roughly 58.6% of California residents voted to approve California Proposition 22, which classifies app-based drivers working for rideshare and delivery companies — like Uber and Lyft — as "independent contractors" instead of "employees." Workers are only classified as employees if a company sets drivers’ hours, requires...

In a 5-4 decision in Roman Catholic Diocese of Brooklyn, New York v. Cuomo, the Supreme Court has prevented New York’s governor from enforcing certain restrictions on attendance at religious services due to COVID-19. Until this decision, the Supreme Court had allowed all challenged stay-at-home orders which it reviewed on an emergency basis to remain in effect. The Chief Justice dissented as did Justices Breyer, Sotomayor, and Kagan.     

The...

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