The NCSL Blog

U.S. Supreme Court

30
State and Local Legal Center Argues 'Nominal Damages Only' Lawsuit is Moot

Two Georgia Gwinnett College students 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 permit. They sought an injunction preventing the college from enforcing its policy and nominal damages of $1. The college then changed the policy. 

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18
Supreme Court Agrees to Hear Significant Land Use Case

The Supreme Court has required governments to pay “just compensation” to property owners where the government “requires an owner to suffer a permanent physical invasion of her property—however minor.” 

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11
Justices Signal the Entire ACA Is Unlikely to Be Overturned

The Supreme Court heard oral argument Tuesday in California v. Texas, a case where it is possible the Supreme Court could rule that a portion of the Affordable Care Act is unconstitutional and strike down the entire law if it rules the individual mandate cannot be severed from the rest of the ACA.

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05
Supreme Court Denies Prison Officers Qualified Immunity

In a very brief, unauthored opinion the U.S. Supreme Court denied qualified immunity in Taylor v. Riojas to a number of correctional officers who confined Trent Taylor to a “pair of shockingly unsanitary cells” for six days. The court didn’t hear oral argument in this case, and Justice Amy Coney Barrett didn’t participate in it. 

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29
Supreme Court Clears Way for North Carolina Ballots Received After Election to Be Counted

The Supreme Court left in place a nine-day extension to count absentee ballots in North Carolina. If North Carolina absentee ballots are postmarked on or before election day they may be counted if received up to nine days after the election.

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27
SCOTUS Upholds Wisconsin Law Requiring Absentee Ballots in by Election Day

In a 5-3 decision the U.S. Supreme Court disallowed a lower court decision to go into effect which would have allowed absentee ballots to be counted if they were received as late as Nov. 9, as long as they were postmarked on or before Election Day.

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23
ADA at Issue in Supreme Court Ruling on Curbside Voting in Alabama

The U.S. Supreme Court has frozen a district court order that lifted Alabama’s ban on curbside voting. As a result, Alabama must halt curbside voting.

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20
U.S. Supreme Court Allows Pennsylvania to Count Ballots Received After Election

In a 4-4 decision, the U.S. Supreme Court allowed a Pennsylvania Supreme Court decision that requires ballots received up to three days after the election to be counted to stand. Ballots clearly postmarked after 8 p.m. on election night will not be counted if they arrive later than 5 p.m. on Nov. 6.

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19
Supreme Court to Decide if Census Results May Exclude Undocumented Persons

On Nov. 30, one month before the secretary of commerce is supposed to report to the president the results of the census, the U.S. Supreme Court will hear oral argument in New York v. Trump. In this case, a three-judge panel ruled that the secretary of commerce may not provide the president with a census count that excludes undocumented persons. The state-by-state population breakdown the secretary of commerce provides to the president is used to apportion seats to the House of Representatives.

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14
Supreme Court Allows Census Count to Stop

The Supreme Court has frozen in place a district court order requiring the Census Bureau to continue counting people through Oct. 31. As a result, the Census Bureau may immediately stop the count. 

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About the NCSL Blog

This blog offers updates on the National Conference of State Legislatures' research and training, the latest on federalism and the state legislative institution, and posts about state legislators and legislative staff. The blog is edited by NCSL staff and written primarily by NCSL's experts on public policy and the state legislative institution.