The NCSL Blog

U.S. Supreme Court

28
SCOTUS Backs States, OKs Warrantless Blood Draws From Unconscious Drivers

In Mitchell v. Wisconsin the Supreme Court held that generally when police officers have probable cause to believe an unconscious person has committed a drunk driving offense, warrantless blood draws are permissible. The State and Local Legal Center (SLLC) filed an amicus brief arguing for this result.

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27
Supreme Court Holds Partisan Gerrymandering Claims May Not be Litigated

In Rucho v. Common Cause the Supreme Court held 5-4 that partisan gerrymandering claims are non-justiciable—meaning that a federal court cannot decide them.

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27
SCOTUS Rules in Census Case—Ball Now in Secretary Ross’ Court

Chief Justice John Roberts joined his more liberal colleagues (Justices Ruth Bader Ginsburg, Steven Breyer, Sonia Sotomayor, and Elise Kagan) in at least stalling the issue of whether the U.S. Census Bureau may include a question about citizenship on the 2020 census, concluding the reasons Commerce Secretary Wilbur Ross gave for adding the citizenship question to the 2020 census were pretextual in violation of the Administrative Procedures Act (APA).

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26
SCOTUS Strikes Down Durational-Residency Requirement for Alcohol Sellers

In Tennessee Wine and Spirits Retailers Association v. Thomas the Supreme Court held 7-2 that Tennessee’s law requiring alcohol retailers to live in the state for two years to receive a license is unconstitutional.

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26
SCOTUS Keeps Auer Deference

Auer deference, courts deferring to agencies’ reasonable interpretations of their ambiguous regulations, is alive following the Supreme Court’s decision in Kisor v. Wilkie. But, in the opinion of a few Justices, it is only on life support. 

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26
Supreme Court Rules Against Local Governments in Important Takings Case

It remains to be seen whether U.S. Supreme Court Justice Elena Kagan is wrong about this ominous prediction in her dissenting opinion in Knick v. Township of Scott: “Today’s decision means that government regulators will often have no way to avoid violating the Constitution.”

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26
Supreme Court to Decide ACA Risk Corridor Case

In Moda Health Plan v. United States, the Supreme Court will decide whether Congress may enact appropriations riders restricting the sources of funding available to pay health insurers for losses incurred that were supposed to be paid per federal law.

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25
Local Government Official Loses Fabrication of Evidence Statute of Limitations SCOTUS Case

McDonough v. Smith is a case about forgery, deceit, fabricated evidence … and statute of limitations.

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25
SCOTUS to Decide Whether States May Copyright Statutory Annotations

Rarely does a U.S. Supreme Court case implicate the work of state legislatures like Georgia v. Public.Resource.org. In this case the court will decide whether a state may copyright statutory annotations. 

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24
Supreme Court Allows Congressional Delegation of Authority in SORNA to Stand

In Gundy v. United States the Supreme Court held 5-3 that the Sex Offender Registration and Notification Act’s (SORNA) delegation of authority to the attorney general to apply SORNA’s requirements to pre-act offenders doesn’t violate the constitution’s nondelegation doctrine.

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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.