In a groundbreaking 4-3 decision headed by a 133-page majority opinion, the Colorado Supreme Court held this week that the Section Three of the Fourteenth Amendment (the Insurrection Clause) prohibits former President Donald...more
12/22/2023
/ Ballots ,
CO Supreme Court ,
Donald Trump ,
Federal Elections ,
Fourteenth Amendment ,
Insurrection ,
Political Campaigns ,
Political Candidates ,
Presidential Elections ,
Primary Elections ,
Statutory Interpretation
On June 27 in Moore v. Harper, a 6-3 majority of the United States Supreme Court upheld a state court’s power to invalidate a congressional district map that violates the state’s constitution. In an opinion written by Chief...more
On Tuesday, the U.S. Supreme Court ruled 5-4 that private utilities may exercise eminent domain to take state-owned property under the Natural Gas Act (NGA). The decision resolved an issue that could have blocked construction...more
7/1/2021
/ Certificate of Public Convenience and Necessity ,
Condemnation ,
Easements ,
Eminent Domain ,
FERC ,
Natural Gas ,
Natural Gas Act ,
PennEast Pipeline Co. v New Jersey ,
Pipelines ,
Right of Way ,
SCOTUS ,
Sovereign Immunity ,
Takings Clause
On February 3, the U.S. Supreme Court granted certiorari in PennEast Pipeline Company, LLC v. New Jersey, a case that could determine whether private gas companies can condemn state-owned property. In this case, a unanimous...more
On July 1, in Wolf v. Scarnati, a divided Supreme Court of Pennsylvania rejected House Resolution 836, in which the Commonwealth’s General Assembly attempted to terminate Governor Tom Wolf’s Proclamation of Disaster...more
Private citizens have separately challenged Governor Tom Wolf’s COVID-19 executive orders as unconstitutional takings in federal district court and in the Pennsylvania Supreme Court. Learn more about those cases here: Friends...more
Across the country, state and local governments have responded to the coronavirus by limiting in various ways normal activities that were part of everyday life before the outbreak. A battery of lawsuits in state and federal...more
6/4/2020
/ Churches ,
Compelling Governmental Interest ,
Dissenting Opinions ,
Eminent Domain ,
Executive Orders ,
Free Exercise Clause ,
Governor Newsom ,
Injunctive Relief ,
Motion for Relief ,
Public Health Emergency ,
Re-Opening Guidelines ,
SCOTUS ,
Shelter-In-Place ,
Social Distancing ,
South Bay United Pentecostal Church v Newsom ,
TRO
On Monday, in Friends of Danny DeVito v. Wolf, a divided Pennsylvania Supreme Court rejected a constitutional challenge to Governor Tom Wolf’s executive order closing non-life sustaining businesses. ...more