The NCSL Blog

U.S. Supreme Court

27
States May Need to Re-examine Abortion Laws After SCOTUS Ruling

At a minimum, admitting privileges and ambulatory surgical center requirements are in trouble following the U.S. Supreme Court’s 5-3 ruling today in an abortion case.

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27
SCOTUS Allows Non-Tribe Members to be Sued in Tribal Court

The U.S. Supreme Court's decision in Dollar General Corporation v. Mississippi Band of Choctaw Indians leaves in place the 5th U.S. Circuit Court of Appeals ruling that in some instances nonmembers of Indian tribes—including state and local governments—can be sued in tribal court for claims of civil wrongdoing.

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24
SCOTUS Explains How to Constitutionally Criminalize Refusal to Consent

If your state criminalizes refusal to consent to a blood alcohol concentration tests (or wants to do so), the U.S. Supreme Court has explained how to do it right, i.e. constitutionally.

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23
Narrow (and Rare) SCOTUS Win for Affirmative Action

Ironically, had Justice Antonin Scalia lived, Fisher II might have been 4-4 or become Fisher III. But instead the more liberal Justices plus Justice Anthony Kennedy prevailed in this win for affirmative action.

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23
Supreme Court Halts Immigration Deferred Action

The U.S. Supreme Court split 4-4 in United States v. Texas on whether President Obama’s deferred action immigration program violates federal law.

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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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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.