The NCSL Blog

U.S. Supreme Court

18
SCOTUS to Rule on Which Lower Court May Rule on WOTUS

We are one step closer to the U.S. Supreme Court deciding the ultimate question regarding the “waters of the United States” regulations, which is, of course: "Are they lawful?"

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11
Trump May Need Justice Kennedy's Vote to Accomplish Regulatory Agenda

President-elect Donald Trump has vowed to get rid of numerous federal regulations adopted by the Obama administration. Impossible, many say, but if there is one man who may be able to make this happen it is U.S. Supreme Court Justice Anthony Kennedy.

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10
SCOTUS Gives Police Officer Victory on Qualified Immunity

Each term the U.S. Supreme Court reverses a number of lower court decisions denying police officers qualified immunity. White v. Pauly is the first of such cases this term. It is a win for law enforcement—but one which could have been bigger.

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10
Getting Rid of Regulations: How Can it be Done?

Despite the fact that the new administration has a menu of options to kill final federal regulations, the most effective options are likely the most difficult to achieve.

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04
Is a Swipe Considered Speech?

Expressions Hair Design v. Schneiderman, like most First Amendment cases, is about much more than its mere facts, here disallowing retailers to pass on credit-card swipe fees to consumers. It raises a more fundamental question over what exactly is speech.

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13
Supreme Court Refuses to Hear Colorado Internet Sales Tax Case

The U.S. Supreme Court refused to hear a case involving whether a Colorado law, which requires remote sellers to inform Colorado purchasers annually of their purchases and send the same information to the Colorado Department of Revenue, is unconstitutional.

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12
Supreme Court: Bathrooms, Selfies and the Trump Effect

For all the attention being paid to Donald Trump's cabinet appointees, his choice to replace Justice Antonin Scalia on the U.S. Supreme Court will likely have the longest-lasting impact on the nation

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18
Ohio Supreme Court Won't Extend 'Quill' to Business-Privelege Tax

In Crutchfield v. Testa the Ohio Supreme Court held that Ohio’s commercial activity tax applies to online vendors even if they lack a physical presence in the state.

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15
Pre-emption Clause Too Narrow?  Expand it Via Regulation

Every time a federal agency thinks the scope of a pre-emption clause in federal law is too narrow may it just write a regulation expanding it?

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10
What a Trump Presidency Means for SCOTUS State and Local Cases

It is of course too soon to know—but never too soon to speculate!

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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.