The Supreme Court has been in the news — more so than usual. It made a polarizing decision on former President Trump’s immunity from criminal prosecution and overruled Chevron. Justices have been in the storm’s center over...more
With the current term of the Supreme Court soon to end, the run of decisions in which the Justices have been unanimous or close to it is being displaced by the “tougher” ones, in which there is substantial disagreement....more
Once again, the U.S. Supreme Court handed down three decisions on a Thursday, each of them substantively important to the individuals involved, but all of them essentially involving the Supreme Court’s instructing lower...more
In a typical permitting process, the local government may place certain conditions on issuing a building permit to further a legitimate public purpose. While the local government has “substantial authority to regulate land...more
The U.S. Supreme Court decided two cases yesterday, in each of which timing played a decisive role in the outcome. These cases did not produce the unanimity that has characterized most of the Court’s decisions so far this...more
Undoubtedly, development impact fees (DIFs) can make or break the pro forma of any development project. Until this month, developers hoping to challenge the assessment of project-related DIFs were often limited in the causes...more
When the government wants to take private property for a public project, it must compensate the owner at fair market value. The just compensation concept comes from the Fifth Amendment’s Takings Clause, which provides: “nor...more
On April 12, the United States Supreme Court issued its opinion in Sheetz v. Cnty. Of El Dorado, California, 22-1074 (U.S. Apr. 12, 2024) and unanimously held that legislative actions can still be unconstitutional exactions...more
On April 12, 2024, the Supreme Court of the United States issued its much-anticipated ruling in Sheetz v. County of El Dorado, U.S. No. 22-1074 (petition for certiorari granted 9/29/23) (Sheetz). The case concerned the...more
Some commentators claim there are bitter divisions among the Justices, roiling the Court and its processes. Many of the same commentators were critical of the Court’s decision holding that former President Trump was not...more
To invalidate or eviscerate? Before turning to the January 17, 2024 arguments, here’s a quick recap of Chevron’s two-step framework and when it applies: Courts may rely on the Chevron doctrine only when agency action carries...more
She was 93. Justice Sandra Day O'Connor, the first woman on the U.S. Supreme Court, died last Friday. Justice O'Connor was appointed to the Court by President Ronald Reagan in 1981, and was a role model to many of us women...more
After months of controversy, the U.S. Supreme Court has adopted its first-ever Code of Conduct for Justices. Each of the nine Justices agreed to the code and signed on to an accompanying joint statement acknowledging that the...more
What if we told you the United States Supreme Court would legalize medical marijuana? That the unlikely hero of the story was Clarence Thomas? And that he would work with the most liberal justices to make it happen. Sometimes...more
The U.S. Supreme Court’s 2022 term opened in October with another docket that is teeming with controversial issues, ranging from affirmative action in college admissions and third-party liability for social media posts to...more
The process by which courts rule on the constitutionality of state or federal government’s actions is called judicial review. Judicial review by the U.S. Supreme Court creates the body of decisions that we deem as the law of...more
Justice Stephen Breyer officially retired from active service on the U.S. Supreme Court as of noon on June 30, 2022. As covered in The Road to the U.S. Supreme Court series, Justice Breyer previously announced his intent...more
Believe it or not, our Supreme Court justices can unanimously agree on some things. For example, all nine justices were on board to resolve a circuit split regarding waiver of an arbitration agreement...more
There has been a good deal of recent attention given to the Supreme Court’s so-called “shadow docket,” a term that refers generally to the Court’s (conservative majority’s) issuing brief orders and unsigned opinions resolving...more
A View on the SCOTUS Nomination From One First to Another What will it mean to be the first Black woman justice on the U.S. Supreme Court? The day her name is announced, she becomes a major public figure. The bright...more
As the Senate confirmation hearings for Judge Ketanji Brown Jackson approach, it’s history in the making. But how will the new Justice of the U.S. Supreme Court impact future workplace-related cases?...more
This week’s news that Justice Stephen Breyer would step down from the Supreme Court at the conclusion of the Court’s term definitely caught our attention here at the Medicaid and the Law Blog. Our view is that Justice Breyer...more
Early Tuesday afternoon, long-time U.S. Supreme Court Justice Stephen Breyer announced his retirement from the Court following conclusion of the Court’s 2022 term this October. Justice Breyer, 83, was appointed to the Court...more
While this was a big week for the United States Supreme Court with the confirmation of Associate Justice Amy Coney Barrett, Justice Clarence Thomas’ written statement following the Court’s October 12, 2020, decision in...more
On September 19, 2020, the passing of U.S. Supreme Court Justice Ruth Bader Ginsburg sparked immediate speculation as to whether President Donald Trump would replace her as his first term draws to a close. Republican Senate...more