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Research has shown that the more partisan gerrymandered a state legislature is, the more likely it is to preempt local ordinances. This case is important to local governments and to our democracy more generally.

In Ariat Ladies Sunstopper Lavender Mist Horse Print Shirt- Xlarge the Supreme Court held 5-4 that partisan gerrymandering claims are non-justiciable—meaning that a federal court cannot decide them.

Partisan gerrymandering is the practice of drawing legislative districts to benefit one political party. In Skin Decal for Cornhole Game Board (2xpcs.) Wood Panels Cherry Oak (1986) a majority of the Supreme Court held that partisan gerrymandering cases are justiciable. In that case and since then the Court has been unable to define a standard for when partisan dominance “is too much.” In Rucho v. Common Cause the Supreme Court announced it will stop trying.

Chief Justice Roberts wrote the majority opinion which his conservative colleagues joined (Justices Thomas, Alito, Gorsuch, and Kavanaugh). Unsurprisingly, the Court emphasized the role of state legislatures in districting:  “The Framers were aware of electoral districting problems and considered what to do about them. They settled on a characteristic approach, assigning the issue to the state legislatures, expressly checked and balanced by the Federal Congress.” Tru-Spec TRU Long-Sleeve Shirt Poly-Cot Olive Drab M-Reg 1284004

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Before an employee alleging employment discrimination under Title VII (on the basis of race, color, religion, sex, or national origin) may bring a lawsuit in federal court he or she must file charges with the Equal Employment Opportunity Commission (EEOC).

In WORKPRO Top Quality 16in1 Combination Stainless with pouch Plier Multi Tools the Supreme Court held unanimously that Title VII’s charge-filing requirement is a “mandatory procedural prescription” that a court must consider if timely raised (but may be forfeited if not timely asserted). The State and Local Legal Center (SLLC) filed an SPAIN ESPAÑA HOME SOCCER JERSEY WORLD CUP 2018 SAUL 7 arguing that the charge-filing requirement is jurisdictional, meaning it can be raised at any stage of the litigation. If the charge-filing requirement was jurisdictional and an employee failed to comply with it, a court would no longer have authority to hear the case.  ​

In her charge form to the EEOC, Lois Davis alleged that supervisors at Fort Bend County had sexually harassed her and retaliated against her. While her charge was pending, she was fired for refusing to come to work on a Sunday because of a commitment at church. While she updated her EEOC intake questionnaire to include religious discrimination she didn’t update the charge form.

The EEOC investigated and gave Davis permission to sue. PAUL WARFIELD HAND SIGNED NFL Official Wilson Team Logo Football w COAShe brought a religious discrimination claim and a claim for retaliation for reporting sexual harassment. Years into the litigation Fort Bend County argued the court lacked jurisdiction to hear the religious discrimination claim because Davis never included it in the charge form.

The Court, in an opinion written by Justice Ginsburg, held that Title VII’s charge-filing requirement is a mandatory but waivable claim-processing rule (which was waived in this case because Fort Bend waited so long to point out Davis didn’t comply with the charge-filing requirement). BNWT MANCHESTER UNITED TRAINING FOOTBALL JERSEY LONG TOP SWEATSHIRT 2016 ADIDAS

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The Supreme Court heard oral argument—yet again—in two cases arguing it should adopt a standard for when partisan gerrymandering is unconstitutional. Before argument court watchers were focused on Chief Justice Roberts, but during argument Justice Kavanaugh stole the show.

In 1986 in Davis v. Bandemer six Supreme Court Justices agreed that some amount of partisan gerrymandering is unconstitutional. But the Court has never laid out a test for making the determination.

Most recently, last term, with Justice Kennedy still on the bench, Vintage 1950 Shenk and Tittle Lancaster PA amazing basketball figural trophy Burton Twin 48 snowboard 148 cm & medium Ride Team bindings Burton Mint boots 8the Supreme Court again failed to articulate a standard for unconstitutional partisan gerrymandering. The two cases before the Court today came from North Carolina and Maryland favoring Republicans and Democrats, respectively. By almost any measure the gerrymanders were unapologetic and extreme.

Now that the Court has five solidly conservative members many have speculated that these Justices will rule that partisan gerrymandering claims raise non-justiciable political questions, effectively ending litigation over this question.

In oral argument last term Chief Justice Roberts, now the Court’s likely swing Justice, used the term Max Studio Women's Cold Shoulder Striped Knit Top - Choose SZ color“sociological gobbledygook” when expressing his skepticism about the Court being able to agree to a satisfactory test. Today, as is typical, the Chief asked questions of both side. For example, he questioned the merits of a test that assumes how people will vote based on past voting noting how often predictions of how people will vote are wrong. On the other hand, he acknowledged that the Maryland gerrymander “seems to be retaliation” and noted that the Supreme Court has an “established analysis” to deal with First Amendment retaliation claims. Horse Cotton Sheet Blanket Rug Summer Spring White 5335

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In its first opinion of the term in Electric Balancing Scooter E-bike Brushless DC Motor with Hall N6354 180KV Alloy the Supreme Court ruled 8-0 that the federal Age Discrimination in Employment Act (ADEA) applies to state and local government employers with less than 20 employees. The State and Local Legal Center (SLLC) filed an amicus brief arguing that it should not apply. State and local governments often rely on small special districts to provide services they don’t provide.

John Guido was 46 and Dennis Rankin was 54 when they were laid off by the Mount Lemmon Fire District. They claim they were terminated because of their age in violation of the ADEA. They were the oldest of the district’s 11 employees.

The fire district argued that the ADEA does not apply to it because it employs fewer than 20 people. The Ninth Circuit disagreed.

The term “employer” is defined in the ADEA as a “person engaged in an industry affecting commerce who has 20 or more employees.” The definition goes on to say “[t]he term also means (1) any agent of such a person, and (2) a State or political subdivision of a State.” Continue reading

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In Hyperformance Derby Silicon Ladies Jodhpurs - Navy - 24 South Dakota is asking the Supreme Court to overrule precedent and hold that state and local governments may require retailers with no in-state physical presence to collect sales tax. The Advanced Archery Hunting Adjustable Straps Tactical Waist Arrow Quiver Case Bags estimated that states lost $23.3 billion in 2012 from being prohibited from collecting sales tax from online and catalog purchases.

In 1967 in National Bellas Hess  v. Department of Revenue of Illinois, the SupremeAdidas FC Bayern Munich Camiseta de Fuera Niños 2018 2019 greenAthalon Single Ski Bag - Padded - 180cm, Glacier blueee - Court held that per its Commerce Clause jurisprudence, states and local governments cannot require businesses to collect sales tax unless the business has a physical presence in the state.

Twenty-five years later in Quill v. North Dakota (1992),Cobra Products of America -The SPIDER Left Hand MEDIUM Bowling Wrist SupportBogner Vico Leder Handschuhe Weiß grey Größe 9,5 M L Neu mit Etikett the Supreme Court reaffirmed the physical presence requirement but admitted that “contemporary Commerce Clause jurisprudence might not dictate the same result” as the Court had reached in Bellas Hess.

Customers buying from remote sellers still owe sales tax but they rarely pay it when the remote seller does not collect it. Congress has the authority to overrule Bellas Hess and Quill but has thus far not done so.

Even before oral argument South Dakota could count three votes likely in favor of overturning Bellas Hess and Quill.2018 Marucci Cat 8 BBCOR Adult Baseball Bat MCBC8 Size 31 28oz Diameter 2 5 8Zuca Cupid Sport Insert Bag & White Frame with Flashing Wheels In March 2015, Justice Kennedy wrote a concurring opinion stating that the “legal system should find an appropriate case for this Court to reexamine Quill.” While on the Tenth Circuit then-judge Gorsuch wrote an opinion strongly implying that given the opportunity the Supreme Court should overrule Quill. Finally, while Justice Thomas voted against North Dakota in Quill he has since rejected the concept of the dormant Commerce Clause, on which the Quill decisions rests.

At oral argument Justices Kennedy and Gorsuch asked Wayfair’s attorney different lines of questions both of which indicated they remain anti-Quill. Justice Thomas, as always, was silent. The most vocal champion of overturning Quill was Justice Ginsburg. Marucci Cat 8 33 30 Minus 3 BBCOR Adult Baseball Bat MCBC83 x 3m Three Sides Waterproof Tent with Spiral Tubes Portable Outdoor Use WhiteShe said the Court needs to take responsibility for overturning precedent it created which is no longer appropriate in the current economy instead of relying on Congress to act.

Justice Breyer was clearly torn about the case. He said he read both sides’ briefs and concluded both positions were “absolutely right.” He looked to the attorneys arguing for both sides to help sort out issues including exactly how much money is on the table, whether it really is easy and inexpensive to collect sales tax, and whether tax collection should be retroactive.

Justice Sotomayor lead the charge defending Quill, Joules Claredon Ladies Horse Riding Pique Short Sleeve Heritage Polo Shirtasking South Dakota’s attorney about many of the same issues Justice Breyer raised—but taking a more certain approach that the answers were known and point to keeping Quill the law of the land. Justice Kagan asked a number of questions expressing the view that Congress should overturn Quill, if it wants to, given that Congress can craft a more complicated solution than the Court can. Guard Dog TL-GDR600 Reflex 600L Flashlight w Swivel Head-5 FunctionsSelf Inflating Sleeping Pad Outdoors with Patches and Carrying Bag Ideal for CamJustice Alito also didn’t seem particularly sympathetic to South Dakota’s position suggesting that if Quill was overturned states would “grab everything they could” rather than exempt small businesses from having to collect.

Chief Justice Roberts asked questions of both sides, something he has done more often since Justice Scalia died. His questions unfavorable to South Dakota focused on, among other things, the burden of requiring small businesses to collect sales tax and honoring Congress’s decision to leave things the way they are.

The Supreme Court will issue an opinion in this case by the end of June.

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The challengers to the redistricting of Maryland’s Sixth Congressional District just might win—if the Supreme Court actually decides their case.

In Kami-So Figure Skating Skinny Pants - Ice Princess in 2011 the Maryland legislature needed to move about 10,000 voters out of the Sixth Congressional District to comply with “one-person one-vote.” It moved about 360,000 Marylanders out of the district and about 350,000 Marylanders in the district.Vintage Nils Ski Suit Size 6 Purple Aqua Stretch Pants Stirrup Belt 80s 90sGymnastics Balance Beam 8' Adjustable Height w Risers Tumbling Floor Suede As a result only 34 percent of voters were registered Republican versus 47 percent before redistricting.

Following the redistricting, Democrat John Delaney defeated the incumbent Republican by almost 21 percent. But two years later in 2014 Delaney almost lost his seat even though his challenger didn’t live in the district and raised less money. 2019 Easton Beast Speed Hybrid -10 30 20 oz. Youth USA Baseball Bat YBB19BSH10YAMAHA YZF-R6 - Chain Kit DID Type VX - 482808Two years after that, Republican Larry Hogan won the Sixth District, beating his rival by 14 percent.

A number of Sixth District Republicans sued alleging the state legislature “targeted them for vote dilution because of their past support for Republican candidates for public office, violating the First Amendment retaliation doctrine.”

In 2016, a three-judge court articulated a standard for when partisan gerrymandering violates the First Amendment. But two of the judges weren’t convinced that the challengers were able to demonstrate that but-for the partisan gerrymander, Republicans would have won and continued winning in the Sixth District. KAWASAKI ER 6 F ABS - Chain Kit DID reinforced Type ZVM-X - 489130

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The State and Local Legal Center (SLLC) filed an Pre-owned EASTON EA 70 B9T 3431 baseball bat alloy metal USA encouraging the Supreme Court to not hear a case arguing that a Colorado law requiring remote sellers to inform Colorado purchasers annually of their purchases and send the same information to the Colorado Department of Revenue is unconstitutional.

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