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The question the Supreme Court will decided in Uzuegbunam v. Preczewski is whether the government changing a policy after a lawsuit has been filed renders the case moot if the plaintiff has only asked for nominal damages.

Georgia Gwinnett College students Chike Uzuegbunam and Joseph Bradford sued the college over its Freedom of Expression policy, which only allowed students to engage in expressive activities in two designated areas after getting a...

In a 5-4 decision the Supreme Court held in McGirt v. Oklahoma that for purposes of the Major Crimes Act (MCA) three million acres, including most of the City of Tulsa, is a Creek reservation.

Per the federal MCA only the federal government may prosecute Native Americans who commit specific crimes within “Indian country.” Oklahoma state court convicted Jimcy McGirt, a member of the Seminole Nation of Oklahoma, for three serious sexual...

The President’s tax returns are unlikely to be available to the public soon as a result of two Supreme Court cases. Nevertheless, Trump v. Vance is a victory for state and local government authority. In this case the Supreme Court held 7-2 that the U.S. Constitution doesn’t “categorically preclude, or require a heightened standard for, the issuance of a state criminal subpoena to a sitting President.”  

Regardless of this decision, the...

In a 7-2 decision in Little Sisters of the Poor v. Pennsylvania the Supreme Court held that religious employers and employers with moral objections may be exempted from the Affordable Care Act’s (ACA) contraceptive mandate.

The State and Local Legal Center (SLLC) filed an amicus ...

Without explanation, without referring the matter to the entire Court, and without calling for a response, Justice Kavanaugh denied a request for an emergency injunction to strike down Illinois Governor Pritzker’s executive order limiting gatherings to 50 people while exempting religious gathering.

Likely Justice Kavanaugh refused to grant the injunction because the standard is high. The Supreme Court only grants...

In Chiafalo v. Washington, the Supreme Court upheld Washington state’s law fining “faithless” electors that do not vote for the candidate that won the state’s popular vote. Likewise, the Court reversed the Tenth Circuit’s decision in Baca v. Colorado Dept. of State, which held that removing a “faithless” elector was unconstitutional. Justice Kagan wrote the opinion...

In a 5-4 vote the Supreme Court stayed a federal district court order requiring absentee election managers (AEMs) to not enforce a number of absentee ballot requirements in three counties in Alabama and lifting a prohibition against curbside voting in the state.

In response to COVID-19, Alabama Governor Ivey moved the runoff primary election from March 31 to July 14. Alabama’s Secretary of State Merrill promulgated an emergency regulation...

In fact, Justice Kavanaugh (fairly) describes Justice Breyer as arguing in favor of overruling Reed v. Town of Gilbert (2015).  

In Barr v. American Association of Political Consultants the Supreme Court held 6-3 that the Telephone Consumer Protection Act’s (TCPA) debt-collection exception was content-based, failed strict scrutiny, and therefore violated the First Amendment.

The State and Local Legal Center filed an ...

The Supreme Court turned down a request by the Texas Democratic Party to reinstate a federal district court preliminary injunction ordering Texas to permit all voters to “apply for, receive, and cast an absentee ballot in upcoming elections during the pendency of pandemic circumstances.”

The Fifth Circuit stayed the injunction and the...

In Espinoza v. Montana Department of Revenue, the Supreme Court held 5-4 that the U.S. Constitution’s Free Exercise Clause allows families to receive tax-credit funded scholarships to attend religious schools regardless of the Montana Constitution’s no-aid to sectarian schools provision.

The Montana legislature established a program offering tax credits for donations to “student scholarship organization,” which give children scholarships to...

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