The NCSL Blog

U.S. Supreme Court

20
SCOTUS: OK for Police to Use Evidence Even if Stop Was Illegal

A police officer stopped Edward Streiff after he left a suspected drug house based on what the state later conceded were insufficient grounds, making the stop unlawful. But the U.S. Supreme Court held 5-3 that even though the initial stop was illegal, the drug evidence could be admissible against Streiff in a trial.

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20
 Is Merger Doomed?  SCOTUS to Decide

Whoever thought up merger provision in law probably long ago gave up worrying if it was unconstitutional, if they even ever thought about it. But now that person—and numerous cities, counties, and states—have reason to worry.

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16
SCOTUS Adopts New Theory of Liability Under False Claims Act

Fraud against the federal government is a problem for the states in particular when the fraud involves money taken from a federal-state program like Medicaid, which is what was alleged to have happened in Universal Health Services v. U.S. ex. rel. Escobar. The Supreme Court adopted a new theory of liability under the False Claims Act in this case. 

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16
Alabama Sued Over Internet Sales Tax

An internet retailer has filed suit against Alabama claiming its new rule requiring that all retailers who sell more than $250,000 in goods annually must collect sales tax—regardless of whether the retailer has a physical presence in the state—is unconstitutional.

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15
Playground Dispute Gets to Supreme Court

In Trinity Lutheran Church of Columbia v. Pauley, the U.S. Supreme Court will decide whether Missouri can refuse to allow a religious preschool to receive a state grant to resurface its playground based on Missouri’s “super-Establishment Clause.”   

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13
Break the Seal and Lose Your Case?

It is hard to keep quiet when you have a secret big enough that ABC’s “20/20” is interested in interviewing you. But if you talk too soon will the lawsuit your secret culminates in be dismissed?

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09
SCOTUS Rules Prosecutor-Turned-Judge May Be Unconstitutionally Biased

“Bias is easy to attribute to others and difficult to discern in oneself.” Sage words from Justice Anthony Kennedy and certainly pplicable outside the confines of the U.S. Supreme Court’s final opinion of the term involving the death penalty.

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08
SCOTUS to Rule on 'Predominance' Racial Gerrymandering Case

No sooner had the ink dried on Virginia’s latest redistricting Supreme Court case, Wittman v. Personhuballah (2016), than the Court has agreed to hear another redistricting challenge from the Commonwealth.

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07
Intellectually Disabled? As of When?

In Moore v. Texas, the U.S. Supreme Court will review a Texas Court of Criminal Appeals decision to apply a previous definition of “intellectually disabled” adopted in a 1992 death penalty case rather than the current definition.

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01
SCOTUS Kicks Virginia Redistricting Case for Lack of Standing

If you were expecting the third redistricting case the U.S. Supreme Court decided this term to be a blockbuster … you will be disappointed.

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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.