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Excessive force is a violation of the Fourth Amendment’s prohibition against “unreasonable searches and seizures.” In Torres v. Madrid the State and Local Legal Center (SLLC) filed a Supreme Court amicus ...

In a 5-4 decision in Kansas v. Garcia the Supreme Court held that the Immigration Reform and Control Act (IRCA) does not preempt state statutes that provide a basis for identity theft prosecutions when someone uses another person’s Social Security Number on their state and federal tax-withholding forms.

The IRCA requires employers to verify, using a federal work-authorization form, that an employee is authorized to work in the United States....

Today the Supreme Court heard oral argument in its first abortion case since Justice Kennedy left the bench and was replaced by Justice Kavanaugh. The outcome of this case is likely to come down to Chief Justice Roberts and Justice Kavanaugh.  

In June Medical Services v. Russo the Supreme Court will decide whether Louisiana’s law requiring physicians performing abortions to have admitting privileges at a local hospital is...

In Barr v. American Association of Political Consultants the State and Local Legal Center (SLLC) has filed an amicus brief asking the Supreme Court to narrow its opinion in...

In Texas v. California and California v. Texas the Supreme Court will decide whether the Affordable Care Act’s (ACA) individual mandate is unconstitutional. More importantly, if the Court holds that it is, it will decide whether the individual mandate is severable from the ACA. It is possible the Court will conclude it isn’t and that the entire law is...

The Supreme Court was supposed to decide whether D.C. Sniper Lee Boyd Malvo could have his Virginia sentence of life in prison without parole reconsidered. The Supreme Court dismissed this case because Virginia just passed a law making all juvenile offenders eligible for parole after 20 years. Even if paroled in Virginia, Malvo faces six additional life sentences in Maryland.

In ...

McKinney v. Arizona is an excellent illustration of the complexity and disagreement on the Supreme Court over the death penalty. The Supreme Court held 5-4 that a court rather than a jury may reweigh improperly excluded mitigating evidence in a death penalty case on collateral review.

In 1992 James McKinney was convicted of two counts of first-degree murder. To receive the death penalty at least one aggravating circumstance must be found. A...

The Second Circuit has become the first federal court of appeals to rule in favor of the Attorney General’s decision to add conditions to receiving federal Edward Byrne Memorial Justice Assistance Grant Program (Byrne JAG) grants.

Congress created Byrne JAG in 2006 to provide “flexible” funds for state and...

CSG Midwest

In September, the California legislature passed Assembly Bill 5 (AB 5) requiring gig economy workers to be classified as employees. The law, which went into effect Jan. 1, is intended to make it more difficult for companies to hire workers as contractors. AB 5 affects more than 1 million low-wage workers in California as it transforms a range of industries from trucking to technology. [1]

In order to remain classified as a contracted worker, the company must prove...

In Fulton v. City of Philadelphia the Supreme Court will decide whether local governments may refuse to contract with foster care agencies who will not work with gay couples…and possibly much, much more.

The City of Philadelphia long contracted with Catholic Social Services (CSS) to place foster care children. The City stopped doing so when it discovered CSS wouldn’t work with same-sex couples. Philadelphia requires...

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