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U.S. Supreme Court

23
States Win SCOTUS Pirate/Sovereign Immunity Copyright Case

In Allen v. Cooper the Supreme Court held unanimously that a state cannot be sued for copyright infringement. In short, the court found that Congress lacked the authority to strip states of their sovereign immunity in the Copyright Remedy Clarification Act of 1990.

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23
SCOTUS: Race Must Be 'But For' Cause in Employment Discrimination Suits

In Comcast v. National Association of African-American Owned Media the Supreme Court held unanimously that a plaintiff who sues under 42 U.S.C. §1981 must plead and prove that race was the but-for cause of his or her injury.

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12
SCOTUS Rules State Identity Theft Statutes Not Preempted in False Social Security Number Prosecutions

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.

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12
Supreme Court to Hear Another Juvenile Life Sentence Without Parole Case

In Jones v. Mississippi the Supreme Court will decide whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is “permanently incorrigible” before imposing a sentence of life without parole.

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10
SCOTUS Hears First Abortion Case Since Kennedy's Departure

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

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02
Obamacare Taking Its Third Trip to Supreme Court

In Texas v. California and California v. Texas the U.S. 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, known popularly as Obamacare. It is possible the court will conclude it isn’t and that the entire law is unconstitutional. 

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27
2nd Circuit Rules Against Cities and States in Sanctuary Jurisdictions Case

The 2nd Circuit has become the first federal court of appeals to rule in favor of then-Attorney General Jeff Sessions' decision to add conditions to receiving federal Edward Byrne Memorial Justice Assistance Grant Program (Byrne JAG) grants. 

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25
SCOTUS to Decide if Local Governments Can Require Foster Care Agencies to Work With Gay Couples

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.

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28
For Now, SCOTUS Won’t Review Flint Water Crisis Case

The Flint water crisis was among the more notable events of the last decade. Unsurprisingly, it led to litigation.

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28

The Supreme Court has stayed a nationwide injunction which disallowed the public charge rule from going into effect anywhere in the United States.

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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.