State & Local Legal Center Latest News

Source: State & Local Legal Center

Register for SLLC SCOTUS police cases webinar, July 29.

Cases Decided

PennEast Pipeline Co. v. New Jersey

Holding: the federal government may constitutionally grant pipeline companies the authority to condemn necessary rights-of-way in which a state has an interest

Authors: Jennifer Selendy, Erica Iverson, Vivek Tata, and Adam Hersh of Selendy & Gay

Cedar Point Nursery v. Hassid

Holding: a regulation allowing union organizers access to agriculture employers’ property to solicit support for unionization up to three hours a day, 120 days a year is a per se physical taking

Writers: Matthew Littleton and David T. Goldberg, Donahue, Goldberg, Weaver & Littleton

Fulton v. Philadelphia

Holding: City of Philadelphia violated the First Amendment when it refused to contract with Catholic Social Service (CSS) to certify foster care families because CSS refuses to work with same-sex couples

Writer: John Korzen of the Wake Forest University School of Law Appellate Advocacy Clinic

City of Portland v. FCC (cert. denied) 

Issue: whether the Federal Communication Commission Small Cell Order, which limits fees local governments can charge for use of public land to build 5G, violates the Telecommunications Act

​ Writer: John Korzen of the Wake Forest University School of Law Appellate Advocacy Clinic

Supreme Court Review webinar series

Police Cases

Police practices featured front and center in multiple U.S. Supreme Court cases this term. Join Shay Dvoretzky, Skadden, Arps, Slate, Meagher & Flom, who argued a Fourth Amendment case involving the “community caretaking” exception, and David Gans, Director of the Civil Rights, Human Rights, and Citizenship Program at the Constitutional Accountability Center, which filed multiple amicus briefs in Fourth Amendment and qualified immunity cases this term, in a discussion of all the police cases. Topics range from Fourth Amendment searches and seizures to excessive force to local governments holding onto impounded vehicles after a bankruptcy stay has been filed.  

Date and time: July 29; 1PM Eastern

Register here Thank you to the National Association of Counties for hosting!

SCOTUS Review articles

Amicus activity chart 2020-21

Supreme Court Review for States 2021

SHORT Supreme Court Review for States 2021

Supreme Court Review for Local Governments 2021

SHORT Supreme Court Review for Local Governments 2021

Blog postings

SCOTUS Upholds Affordable Care Act Over Lack of Standing

Supreme Court Upholds Free Exercise Clause and Rules Against City

Supreme Court Sides with Tribal Authority to Investigate State Law Violations

Gorsuch Rejects Broad Challenge to Colorado COVID-19 Restrictions

Results of Supreme Court Takings Case Mixed for States and Local Governments

NCAA Loses SCOTUS Student-Athlete Compensation Case

Cheerleader Wins SCOTUS Off-Campus Free Speech Case

SCOTUS Adopts Case-by-Case Approach to Warrantless Pursuit of Fleeing Misdemeanants Into Home

SCOTUS Reverses Excessive Force Case Officers Won Before Lower Court

Supreme Court to Decide First Amendment Billboard Case

Supreme Court Rules Against States’ Rights in Pipeline Case

SCOTUS Upholds Arizona’s Voting Requirements

Supreme Court Strikes Down State Charity Donor Disclosure Requirement