News & Analysis as of

Unconstitutional Condition State and Local Government

Harris Beach PLLC

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

Harris Beach PLLC on

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

Bradley Arant Boult Cummings LLP

South Carolina’s Medical Marijuana Bill Ruled Unconstitutional, but Sponsor Vows to Keep Fighting

On May 4, 2022, South Carolina’s medical marijuana bill — SB 150, also known as the South Carolina Compassionate Care Act — was ruled unconstitutional by the state’s House of Representatives. The constitutional challenge...more

McDermott Will & Emery

Washington State Capital Gains Tax Held Unconstitutional

The Washington State capital gains tax, which went into effect on January 1, 2022, has been held unconstitutional by the Douglas County Superior Court. Created in 2021, the tax was ostensibly labeled an “excise” tax in an...more

Fox Rothschild LLP

Ruling That Finds PA Governor’s Crowd Size Limit Unconstitutional Affects School Sports And Events

Fox Rothschild LLP on

The United States District Court for Western Pennsylvania issued a decision on September 14 that found a number of Governor Wolf’s executive orders related to efforts to mitigate COVID-19 unconstitutional. Among Wolf...more

Faegre Drinker Biddle & Reath LLP

Pennsylvania Federal Judge Strikes Down Key Provisions in Governor Wolf’s COVID-19 Orders

In a decision issued on September 14, 2020, U.S. District Court Judge William S. Stickman IV ruled that certain restrictions ordered by Pennsylvania Governor Tom Wolf to slow the spread of COVID-19 were unconstitutional....more

McDermott Will & Emery

Washington Surtax on “Big Banks” Struck Down as Unconstitutional

McDermott Will & Emery on

On May 8, Washington’s 1.2% surtax on “specified financial institutions” (banks with at least $1 billion a year in net revenue) was struck down by a King County Superior Court judge. Judge Marshall Ferguson ruled that the...more

Eversheds Sutherland (US) LLP

Court holds California local taxes not subject to supermajority voting requirement

On July 5, a San Francisco trial court held that local taxes imposed by voter initiative are not taxes imposed by a “local government” and therefore are not subject to the two-thirds supermajority voter approval requirement...more

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