While the Supreme Court has agreed to review the constitutionality and legality of the third travel ban, the Fourth Circuit has joined the Ninth Circuit in striking it down. The Fourth Circuit concluded it likely violates the Establishment Clause because its primary purpose is to discriminate against Muslims.
Per a December 2017 Supreme Court order, the third travel ban is currently in effect regardless of the Ninth and Fourth Circuit rulings.
On September 24, 2017, President Trump issued a presidential proclamation (the third travel ban) indefinitely banning immigration from six countries: Chad, Iran, Libya, North Korea, Syria, and Yemen. Lawsuits were brought immediately in the Ninth and Fourth Circuits.
Just a few days before the Supreme Court may decide whether to review a temporary nationwide injunction issued by a federal court in California requiring the Trump administration to maintain much of the Deferred Action for Childhood Arrivals (DACA) program, a federal district court in New York issued a similar temporary nationwide injunction.
The courts’ reasoning in both decisions is similar. Both courts were clear the Trump administration may “indisputably . . . end the DACA program.” But it must offer “legally adequate reasons” for doing so. New York and 15 other states brought the case decided by the New York court.
In its Supreme Court amicus brief in Minnesota Voters Alliance v. Mansky the State and Local Legal Center (SLLC) argues that states and local governments should be able to ban political apparel at polling places. County election officials and the Minnesota Secretary of State were sued for violating the First Amendment in this case.
At least eight states (Delaware, Kansas, Montana, New York, South Carolina, Tennessee, Texas, and Vermont) other than Minnesota have enacted similar bans.
The U.S. Supreme Court has refused to block the Pennsylvania Supreme Court’s ruling that the state’s 2011 Congressional redistricting plan constitutes an unconstitutional partisan gerrymander. This is the fourth court in a relatively short period of time to rule that partisan gerrymandering may be unconstitutional. The U.S. Supreme Court is reviewing two of those decisions, one from Wisconsin and the other from Maryland, this term.
In Weyerhaeuser Company v. U.S. Fish and Wildlife Servicethe Supreme Court will decide whether the “critical habitat” designation under the Endangered Species Act (ESA) may include land currently uninhabitable for the species in question. The Court will also decide whether a court may review the Service’s economic impact analysis.
Alabama and 17 other states filed an amicus brief asking the Supreme Court to review this case because: “Critical habitat determinations have serious consequences for the economic and ecological interests of the States. Designations of critical habitat that go beyond what the statute allows cost jobs and tax revenue, while the States’ efforts to comply with these designations often require the expenditure of taxpayer funds.”
The State and Local Legal Center (SLLC) Supreme Court amicus brief in Lozman v. City of Riviera Beach argues if probable cause exists to make an arrest the arrestee should be barred from bringing a First Amendment retaliatory arrest lawsuit.
In the mid-1800s Indian tribes in the Pacific Northwest entered into treaties guaranteeing them a right to off-reservation fishing. In Washington v. United States the Supreme Court will decide whether the “fishing clause” guarantees “that the number of fish would always be sufficient to provide a ‘moderate living’ to the tribes.”
The “fishing clause” of the Stevens Treaties guaranteed “the right of taking fish, at all usual and accustomed grounds and stations . . . in common with all citizens of the Territory.” In 2001 the United States and a number of tribes sued Washington State claiming that it violated the treaty by building culverts that prevented salmon for reproducing leading to the salmon supply significantly plummeting.
What if a district court adopts a redistricting plan and the state legislature later codifies that plan. May the same district court later rule the redistricting plan is unlawful and/or unconstitutional? That is what the Supreme Court will decide in Abbott v. Perez.
A number of persons and advocacy groups challenged the Texas Legislature’s 2011 state legislative and congressional redistricting plan claiming it discriminated against black and Hispanic voters in violation of the Constitution’s Equal Protection Clause and the Voting Rights Act.
A three-judge district court issued a remedial redistricting plan which the U.S. Supreme Court vacated in 2012. The district court then drew another remedial redistricting plan called plan C235. In plan C235 the court reconfigured nine challenged districts from the legislature’s 2011 plan but retained two districts, CD27 and CD35, without reconfiguration. In 2013 the state legislature ultimately adopted plan C235.
The Supreme Court held 5-4 in Artis v. District of Columbiathat “tolled” under 28 U.S.C 1367(d) means suspended or that the clock is stopped. The State and Local Legal Center (SLLC) filed an amicus brief arguing in favor of a different definition of “tolled.” Justice Ginsburg cited to the SLLC brief once in her majority opinion. Justice Gorsuch cited to it or discussed it four times in his dissenting opinion.
A year after the fact, Stephanie Artis sued the District of Columbia in federal district court bringing a number of federal and state law claims related to her termination as a health inspector. It took the federal court over two and a half years to rule on her claims. It dismissed her sole federal claim and declined to exercise jurisdiction over her remaining state law claims.
28 U.S.C 1367(d) states that statutes of limitations for state law claims pending in federal court shall be “tolled” for a period of 30 days after they are dismissed (unless state law provides a longer tolling period).