Posted 30 Jun 2026 in Case Notes, Commentary Written by: Amanda Karras

Today, in Trump v. Barbara, the Supreme Court struck down President Trump’s Executive Order purporting to end birthright citizenship.  In doing so, the majority relied on the plain text of the Fourteenth Amendment’s Citizenship Clause, the unbroken history of English common law through Reconstruction that recognized birthright citizenship, and existing Supreme Court precedent.  In terms of the importance of today’s decision, as Chief Justice Roberts explained in writing for the majority: “Citizenship, then and now, was the right to have rights— to...

Posted 29 Jun 2026 in Case Notes, Commentary Written by: Amanda Karras

Today, in Chatrie v. United States, the Supreme Court held that law enforcement conducts a search under the Fourth Amendment when it reviews location data a user provided to their cell phone company.  The Court rejected the government’s arguments that law enforcement’s review of the data was not a search because: A) it only reviewed a short time-period of the location data (2 hours); and /or B) the location data is voluntarily shared with the cellphone providers (i.e., the third party doctrine).  The...

Posted 25 Jun 2026 in Case Notes, Commentary Written by: Amanda Karras

On Tuesday, the Supreme Court held that statutes like the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) that are enacted pursuant to Congress’ Spending Clause power can “bind only those who voluntarily and knowingly undertake obligations by agreement with the federal government.”  Because employees of a state prison in this case had not agreed to the conditions set forth in RLUIPA, (only the state had agreed to be sued in accepting funding), the prisoner in this case...

Posted 24 Jun 2026 in Case Notes, Commentary Written by: Amanda Karras

Supreme Court Rules for Isabella County in Pung v. Isabella County, No. 25-95 / win for local government tax foreclosure / auction sale processes nationwide.    In a major win for local governments nationwide, the Supreme Court ruled in a unanimous decision authored by Justice Alito that the Fifth Amendment's Takings Clause does not require the government to use fair market value as a baseline when it sells a foreclosed property at a tax auction and returns only the surplus proceeds...

Posted 23 Jun 2026 in Case Notes, Commentary Written by: Amanda Karras

On June18th, the Supreme Court held that the federal government’s indictment of Mr. Hemani under §922(g)(3), which bars “unlawful users of” a “controlled substance” from possessing a firearm, violated the Second Amendment. The majority called its ruling “narrow,” and noted that it was not addressing the constitutionality of larger questions like whether laws banning addicts or those that are presently intoxicated from possessing firearms. 18 U. S. C. §922(g)(3) provides that anyone who is an “unlawful user of” or “addicted to”...

Posted 30 Apr 2026 in Case Notes, Commentary Written by: Amanda Karras

Yesterday in Louisiana v. Callais, the Supreme Court significantly modified the test courts must use to determine if a claim under §2 of the Voting Rights Act (VRA) for race-based vote dilution may proceed.  The Court’s new test reframes the focus to discriminatory intent, separate and apart from any intent to gain a partisan advantage, rather than the prior focus on discriminatory results/impacts. The majority indicated it was not “abandoning” the test to determine if a legislature has violated §2 of...

Posted 03 Apr 2026 in Business Written by: Caroline Storer

IMLA recognizes and celebrates our members making meaningful impacts in their communities. These individuals exemplify “democracy at the doorstep” through dedication, innovation, and the highest sense of public service. Congratulations to these IMLA members selected as Government Champions! The Government Champions will be recognized at an event on Tuesday May 12, 2026 in Philadelphia. To view a complete list of the 250 Government Champions, click here.       Bobby Yu Supervising Deputy County Attorney, Business Transactions and Land Use Unit Pima County Attorney's Office, Arizona Jeff Dorocak City Attorney City...

Posted 30 Mar 2026 in Business Written by: Caroline Storer

Inaugurated this year, 2026, the Mid-Year Seminar Scholarship was offered as an opportunity to help members attend our Mid-Year Seminar. This scholarship provides financial assistance to cover registration and some travel expenses, making it easier for members to take advantage of the education, networking, and professional development the conference offers. We were pleased to see the significant number of outstanding applications from members who evidence a clear interest in furthering their professional development. We are pleased to announce the recipients of the...

Posted 26 Mar 2026 in Business Written by: Erich Eiselt

Inaugurated in 2023, the Charles W. Thompson, Jr. Local Government Law Scholarships are competitive awards intended to recognize rising 2Ls and 3Ls with demonstrated interest and accomplishment in the study of municipal law. All candidates submit written expressions of interest, law school transcripts, and letters of recommendation. In addition, those seeking the larger $5,000 scholarship were required to submit an original work relating to local government law. We were fortunate to receive a significant number of outstanding applications from law students...

Posted 24 Mar 2026 in Case Notes, Commentary Written by: Amanda Karras

Yesterday, in a 6-3 per curiam (unauthored) opinion, the Supreme Court in Zorn v. Linton summarily reversed the Second Circuit’s denial of qualified immunity for a police officer who was alleged to have engaged in excessive force based on his use of a rear wristlock on a non-violent protestor. This case involves a group of about 200 protestors who staged a sit-in during the January 2015 inauguration of then-Governor Peter Shumlin.  When the capitol closed to the public for the night,...