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Symposium: High stakes for federalism in heavyweight clash over the anti-commandeering doctrineElbert Lin is the solicitor general of West Virginia. Thomas M. Johnson Jr. is the deputy solicitor general of West Virginia. The attorney general of West Virginia, Patrick Morrisey, led a certiorari-stage amicus brief in support of the petitioners. Christie v. National Collegiate Athletic Association has the markings of a sleeper blockbuster. The Supreme Court […]

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Event announcement

August 17th, 2017 12:13 PM

Event announcementOn August 31 at 1 p.m., in a webinar conducted by the State & Local Legal Center, John Baker will discuss how local governments have modified sign codes over the past two years to comply with Reed v. Town of Gilbert and how courts have interpreted the Reed decision. More information and registration are available at this link.

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Symposium: It’s time to abandon anti-commandeering (but don’t count on this Supreme Court to do it)Steven D. Schwinn is a professor of law at John Marshall Law School in Chicago. Students of the Constitution can be excused for scratching their heads at the anti-commandeering doctrine. That’s because this rule, which says that the federal government can’t require states or state officials to adopt or enforce federal law, has no basis […]

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Thursday round-up

August 17th, 2017 07:39 AM

Thursday round-upIn The Washington Times, Alex Swoyer reports that in an amicus brief filed this week in Carpenter v. United States, “[s]ome of the world’s biggest tech companies pleaded with the Supreme Court … to update decades-old precedent governing telephones, saying that cell-tracking technology threatens Americans’ most fundamental privacy rights.” Additional coverage comes from Andrew Chung at Reuters, […]

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Petition of the day

August 16th, 2017 10:22 PM

Petition of the dayThe petition of the day is: S. S. v. Colorado River Indian Tribes 17-95 Issues: (1) Whether the Indian Child Welfare Act, 25 U.S.C. §§ 1912(d) and 1912(f), applies in a private severance action initiated by one birth parent against the other birth parent of an Indian child; and (2) whether, if the sections apply in such […]

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Symposium: In sports-betting case, the Supreme Court should bet on federalismJonathan Wood is an attorney at Pacific Legal Foundation, an adjunct fellow at the Property and Environment Research Center, and a blogger for libertarianenvironmentalism.com. He represents a coalition of libertarian-leaning groups as amici supporting New Jersey in Christie v. National Collegiate Athletic Association. Can Congress dictate to states what their own laws must be? The […]

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Symposium: Congress’ bet against equal sovereigntyZachary S. Price is an associate professor at UC Hastings College of the Law. Christie v. National Collegiate Athletic Association presents the question whether the federal Professional and Amateur Sports Protection Act impermissibly commandeers state legislatures by preventing them from “authoriz[ing]” certain sports gambling. Another question, however, lurks in the background of that one: Are […]

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Wednesday round-up

August 16th, 2017 06:39 AM

Wednesday round-upAt BuzzFeed News, Chris Geidner reports that “[o]ne of the country’s top lawyers” has filed a cert petition on behalf of an Arizona death-row inmate who “has been arguing for the past three years that the state’s death penalty law is unconstitutional because it doesn’t do enough to narrow who is eligible for the death […]

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Petition of the day

August 15th, 2017 06:38 PM

Petition of the dayThe petition of the day is: Pacific Gas and Electric Company v. United States 17-57 Issues: (1) Whether sales of energy through centralized market exchanges form direct contractual privity between buyers of that energy and the federal agencies selling it, such that the Court of Federal Claims has jurisdiction over a suit to recover overcharges from the […]

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Symposium: Lift the harmful, failing federal ban on sports betting (Corrected)Stacy Papadopoulos is general counsel and senior vice president of industry services at the American Gaming Association, which filed a cert-stage amicus brief in support of the challengers in Christie v. National Collegiate Athletic Association. In 1992, Congress enacted the Professional and Amateur Sports Protection Act, which prohibits all but a few states from legalizing […]

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