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Constitutional Challenges State and Local Government

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

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The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

WilmerHale

In That Case: Alexander v. South Carolina State Conference of the NAACP

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In the Public Interest is excited to continue its second annual miniseries examining notable decisions recently issued by the US Supreme Court. In this episode, co-host Felicia Ellsworth is joined by Deputy Director for the...more

Bass, Berry & Sims PLC

Title IX Regulations Enjoined in Four More States as Department of Education Appeals Earlier Injunctions

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On July 2, Judge John Broomes of the U.S. District Court for the District of Kansas handed down yet another preliminary injunction blocking the Title IX regulations issued in April, following on the heels of similar orders...more

Meyers Nave

Supreme Court’s Ruling in Grants Pass Allows Cities to Consider Use of Camping Bans as Policy Tool

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In the recent ruling in the City of Grants Pass v. Johnson et al., Case No. 23-175, decided on June 28, 2024, the United States Supreme Court reversed the Ninth Circuit’s earlier decision. This alters the legal landscape in...more

Seyfarth Shaw LLP

The Superior Court of California Invalidates the HOME Act

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Several cities in California successfully petitioned for a writ of mandate seeking the invalidation of California Senate Bill 9 (the HOME Act)....more

McDermott Will & Emery

California Legislator Considers Digital Advertising Tax

Senator Steven Glazer, chair of the California State Senate Revenue and Tax Committee, is treating data like the next gold rush and taking bold steps to mine this new vein of wealth with his proposed “Digital Data Extraction...more

Troutman Pepper

Colorado Cannabis Company Challenges Recent Revisions to the State’s Marijuana Tracking Regulations

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A Colorado manufacturer of cannabis-infused edible products is suing the Marijuana Enforcement Division (MED) of the Colorado Department of Revenue (CDOR) to challenge the validity of recent revisions to its inventory...more

Pillsbury - SeeSalt Blog

Got Remote Workers? Supreme Court of Ohio Upholds Pandemic Rule for Municipality Tax

The Supreme Court of Ohio has held the Ohio legislature did not violate the Due Process Clause of the U.S. Constitution by directing an Ohio citizen to pay taxes to the municipality where the employee’s principal place of...more

Foley Hoag LLP - Cannabis and the Law

Litigation Update: Maryland District Court Finds that ‘Dormant Commerce Clause’ Does not Apply to Adult-Use Cannabis in Maryland,...

We have an update about the recent lawsuit challenging the constitutionality of the Maryland Cannabis Administration’s (MCA’s) Social Equity Program. To recap, on January 26, 2024, a California-based attorney filed suit...more

Troutman Pepper

Lawsuit Highlights the Complexity of Regulating the Intrastate Use of Marijuana

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One of the most interesting aspects of marijuana law and policy in the U.S. is its tendency to strike at our most foundational democratic principles. In 2005, the U.S. Supreme Court held, in Gonzales v. Raich, that Congress...more

Troutman Pepper

Massachusetts Court Rejects State AG’s Effort to Vacate Order in Settled Liquor Law Dispute

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On January 26, a Massachusetts Superior Court rejected an effort by the Massachusetts Attorney General (AG) to vacate an order that cast doubt on the constitutionality of a new Massachusetts liquor law....more

McDermott Will & Emery

Following Maryland’s Lead? We Guess Everyone Wants to Go to Court. Icy Challenges to Nebraska’s Advertising Services Tax Act Start...

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Nebraska Governor Jim Pillen’s ambitious plan to provide $2 billion in property tax relief via an increase in the sales tax rate and an expansion of the sales tax base is stirring significant debate. Part of his proposal is...more

Bradley Arant Boult Cummings LLP

A cautionary tale: Challenges for firms in Wayfair compliance

Law firms periodically receive requests for advice from CPAs regarding a client’s need to come into compliance with the relatively new and sometimes confusing “economic nexus” or “Wayfair” rules for selling goods or providing...more

Harris Beach PLLC

New York State Commission on Ethics and Lobbying in Government Declared Unconstitutional

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The New York State Supreme Court has held the New York State Commission on Ethics and Lobbying in Government (the “commission”) is unconstitutional in violation of the separation of powers. The ruling comes in Cuomo v. New...more

Allen Matkins

What Does "Election" Mean?

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Yesterday's post concerned California's statutory scheme governing the gubernatorial power to fill vacant United States Senate seats.  The relevant statute requires that the person appointed be an "elector of this state". ...more

Troutman Pepper

Legal Cannabis on Trial: Federal Preemption and Connecticut’s Cannabis Challenge

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On August 9, a lawsuit was filed in Connecticut that aims to stop all legal cannabis activity in the state and declare the state’s 2021 legalization framework as unconstitutional. The complaint, filed by a local homeowners...more

Schwabe, Williamson & Wyatt PC

Bruckner Lawsuit Dismissed and Denied Motion for a Preliminary Injunction ‎

As we have detailed before, Christian Bruckner and his company, Project Management Corporation, sued the federal government in Florida claiming that the Infrastructure Investment and Jobs Act’s earmarked 10%—of its...more

Bradley Arant Boult Cummings LLP

Is the Access to Medical Marijuana a Fundamental Right?

We write blog posts about cannabis, but most of the time the posts are about things that are happening in the cannabis world. This post is about whether something should happen in the cannabis world. Specifically, should...more

Steptoe & Johnson PLLC

Ohio Supreme Court Finds Portion of 2005 Ohio Tort Reform Legislation Unconstitutional as Applied to Permanent and Severe...

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Almost 20 years ago, in 2005, the Ohio General Assembly passed tort reform legislation. Unlike previous attempts at tort reform in Ohio, this one survived constitutional challenge. Among other things, the legislation capped...more

Bradley Arant Boult Cummings LLP

Love and Marriage: How the Respect for Marriage Act Affects Employers (or Does It?)

On December 13, President Biden signed the Respect for Marriage Act, which passed the Senate and House with bipartisan support. Many see the bill as a reaction to a concurrence in the Supreme Court’s decision in Dobbs v....more

Perkins Coie

Federal Contractors in Limbo After Vaccine Mandate Nationwide Injunction Is Narrowed

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A U.S. Court of Appeals for the Eleventh Circuit panel breathed new life into the federal contractor vaccine mandate. While the panel determined that the COVID-19 vaccine mandate exceeded the president’s legal authority, it...more

Perkins Coie

First Circuit Strikes Down Maine Residency Requirement Under Dormant Commerce Clause

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On Wednesday, a U.S. Court of Appeals for the First Circuit panel applied the U.S. Constitution’s Dormant Commerce Clause (DCC) to the medical cannabis industry in a 2-1 decision, striking down local laws requiring state...more

Schwabe, Williamson & Wyatt PC

Buckner Position for Preliminary Injunction

As we discussed in a prior update, on July 13, 2022, Plaintiff Christian Buckner filed a lawsuit in the Federal District Court in Tampa, Florida, seeking to enjoin the Infrastructure Investment and Jobs Act’s set-aside of 10%...more

Sheppard Mullin Richter & Hampton LLP

New Litigation Continues to Challenge the Social Equity and Scoring Process of the Illinois Cannabis Regulation And Tax Act

The Illinois Cannabis Regulation and Tax Act (“CRTA”), which was enacted in 2019, legalized recreational adult use cannabis in Illinois. The CRTA also created a Social Equity Program intended to offer disadvantaged people,...more

Bradley Arant Boult Cummings LLP

High Cotton: The Emergence of a Southern Cannabis Industry

When Neil Young wrote that “Southern change gonna come at last,” he wasn’t talking about cannabis— but he might as well have been in light of the recent and extraordinary developments in the cannabis industry in the southern...more

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