The NCSL Blog

U.S. Supreme Court

03
May States Prosecute Non-Indians Who Commit Crimes Against Indians in Indian Country?

In Oklahoma v. Castro-Huerta the U.S. Supreme Court will decide whether a state has authority to prosecute non-Indians who commit crimes against Indians in Indian country.

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26
What Will Justice Breyer’s Retirement Mean for States and Local Governments

Aside from his delicious pot roast recipe and not retiring immediately after President Biden’s election despite unrelenting pressure, Justice Stephen Breyer will be remembered as a reliable liberal in the court’s big, controversial cases, for his pragmatic worldview, and for his inquisitive, tireless, and at times dramatic persona at oral argument.

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26

In Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina the U.S. Supreme Court will decide whether to overturn Grutter v. Bollinger, in which the Supreme Court held that institutions of higher education may rely on a narrowly tailored use of race in admissions decisions to further the compelling interest of achieving a diverse student body without violating the Constitution’s Equal Protection Clause or Title VI (which prohibits discrimination on the basis of race, color, or national origin in programs receiving federal financial assistance).

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25

In Sackett v. EPA the U.S. Supreme Court will decide the proper test for determining when “wetlands” are “waters of the United States.” This test has long remained unclear because Justice Scalia and Justice Kennedy offered competing definitions in Rapanos v. United States (2006).

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19
Supreme Court To Decide Whether Failure to Mirandize Means Money Damages

The question in Vega v. Tekoh is whether a police officer can be sued for money damages for failing to provide a Miranda warning.

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14
SCOTUS Redlights Vaccine-or-Test Rule, Greenlights Vaccine in Medicare/Medicaid Facilities Rule

In National Federation of Independent Businesses v. Department of Labor the U.S. Supreme Court temporarily disallowed the Occupational Safety and Health Administration’s (OSHA) emergency rule, which requires those who work for employers with more than 100 employees to be vaccinated.

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15
SCOTUS Allows New York State’s Vaccine Mandate Without a Religious Exemption to Stay in Effect

New York requires all health care workers to be vaccinated against COVID-19 and includes no religious exemption.

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13

Texas’s S.B. 8 prohibits abortion after approximately six weeks in contradiction with Roe v. Wade (1973). The question in Whole Woman’s Health v. Jackson was whether abortion providers can sue any state government officials in federal court before the law went into effect.

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10
SCOTUS To Decide State Legislature Lawsuit Intervention Case

In Berger v. North Carolina State Conference of the NAACP the U.S. Supreme Court will decide whether the North Carolina legislature has a right to intervene in a lawsuit to defend North Carolina’s voter ID law when the North Carolina attorney general is already defending the law.

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30
SLLC Files Supreme Court Brief in Medicaid Cost-Recovery Case

In Gallardo v. Marstiller the U.S. Supreme Court will decide whether the federal Medicaid Act allows a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the beneficiary’s tort recovery that compensate for future medical expenses.

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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.