In Department of Homeland Security v. New York the U.S. Supreme Court will decide whether the Trump administration’s “public charge” definition violates the Immigration and Nationality Act (INA) or is arbitrary and capricious under the Administrative Procedures Act (APA).

One of the factors relevant to whether a non-citizen may become a lawful permanent resident is whether he or she is likely to become a “public...

The Supreme Court has agreed to decide whether medical providers receiving federal funds may be prevented from referring patients for abortions. In California v. Azar the Ninth Circuit held the federal rule at issue is lawful. In Cochran v. Mayor and City Council of Baltimore the Fourth Circuit reached the opposite conclusion.

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In a Supreme Court amicus brief filed in Caniglia v. Strom, the State and Local Legal Center (SLLC) argues the Fourth Amendment “community caretaking” exception to the warrant requirement should extend beyond automobiles.

A police officer determined Edward Caniglia was “imminently...

A divided U.S. Supreme Court struck down California’s “Tier 1” total ban on indoor religious services, while allowing a 25% capacity limitation. Most of the state is currently under Tier 1 COVID-19 restrictions. It also allowed California’s to continue banning singing and chanting during indoor services.

While a number of Justices issued opinions, the Court issued no majority opinion.  Chief Justice Roberts’ two-...

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In PennEast Pipeline Co. v. New Jersey the U.S. Supreme Court will decide whether a private natural gas company may use the federal government’s eminent-domain power to condemn state land.

The Natural Gas Act (NGA) authorizes private gas companies like PennEast to obtain necessary rights of way through eminent domain to build pipelines. PennEast asked a federal district court to condemn 42 properties which belong to New...

According to the Kaiser Family Foundation, approximately 4.3 million Americans receive Home and Community Based Services (HCBS). Unfortunately, the COVID-19 pandemic has made providing HCBS far more difficult. Consequently, state governments have used Appendix K waivers to adjust HCBS to best support individuals who are elderly or disabled during the COVID-19 pandemic.

In an 8-0 decision in City of Chicago v. Fulton, the U.S. Supreme Court held that the City of Chicago didn’t violate the Bankruptcy Code’s automatic stay provision by holding onto a vehicle impounded after a bankruptcy petition was filed.  The State and Local Legal Center (SLLC) filed an amicus brief in this case asking the...

In 1969 in Tinker v. Des Moines Independent Community School District, the U.S. Supreme Court held that school officials may discipline students who engage in speech that would materially and substantially disrupt the work and discipline of the school. In Mahanoy Area School District v. B.L., the Supreme Court will...

In Americans for Prosperity v. Becerra and Thomas More Law Center v. Becerra the petitioners claim that a California law requiring them to submit to the California Attorney General their IRS Form 990 Schedule B, which lists their largest donors, violates the First Amendment. California law requires the Attorney General to...

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