The NCSL Blog

U.S. Supreme Court

03
WOTUS to Stay at SCOTUS

The Supreme Court has denied a request by hold “in abeyance” litigation over whether a federal district court or a federal court of appeals has jurisdiction to rule whether the current 2015 Waters of the United States (WOTUS) definitional rule violates the Clean Water Act.

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30
SCOTUS Backs Barber in Credit Card Argument

States that have adopted credit-card surcharge bans should review those laws in light of the U.S. Supreme Court’s ruling in Expressions Hair Design v. Schneiderman

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29
What's Next for the Clean Power Plan Litigation?

While President Donald Trump’s executive order on Promoting Energy Independence and Economic Growth merely calls for the “review” of the Clean Power Plan, it has been widely viewed as the president’s first step to dismantle President Obama’s signature climate change measure.

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27
Supreme Court Rejects Nominee Gorsuch’s View of Special Education Law

The U.S. Supreme Court’s decision in Endrew F. v. Douglas County School District might be construed as bad timing for Supreme Court nominee Judge Neil Gorsuch.

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24
Supreme Court Ducks Malicious Prosecution Question

It is not unusual for the U.S. Supreme Court to say it is going to decide a particular issue and then decide another issue instead.

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23
Gorsuch Confirmation Hearings and States and Local Governments:  Days 1-3 Update

Confirmation hearings generally follow a predictable course and Judge Neil Gorsuch’s hearings have been no exception.

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21
SLLC Files Supreme Court Amicus Brief in Intervener Standing Case

The question the U.S. Supreme Court will decide in Town of Chester v. Laroe Estates is whether Laroe Estates may intervene in this case even though it lacks standing.

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09
One Step Closer to the Supreme Court Ruling on Quill

A state trial court judge in South Dakota has ruled that a South Dakota law requiring remote sellers to collect sales tax is unconstitutional. This ruling was expected for precisely the reason the judge stated—a lower court must follow Supreme Court precedent. 

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06
Supreme Court Won't Decide Transgender Bathroom Case

The U.S. Supreme Court will not decide—at least not this term—whether transgender students have a right to use the bathroom consistent with their gender identity due to changes in position on this issue from the Obama to Trump administrations.

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01
Trump's Executive Order Puts WOTUS on Notice

Fulfilling one of his major campaign promises, on Feb. 28, President Donald Trump issued an executive order to begin the process of reviewing, and possibly rescinding, the Environmental Protection Administration’s (EPA) and the U.S. Army Corps of Engineers (USACE) Clean Water Rule: Definition of Waters of 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.