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Today, in Trump v. Casa, the Supreme Court held that the Judiciary Act of 1789 does not confer the equitable authority on federal courts to issue universal injunctions, calling such injunctions “conspicuously nonexistent for most of our Nation’s history.”  The practical implications of the Court’s decision are significant for local governments, particularly in the context of current federal grant litigation.  Though the use of universal injunctions will now be prohibited, there are nuances to the decision that did not completely...

Last week, the Supreme Court held in Stanley v. City of Sanford that to prevail under Title I of the ADA, “a plaintiff must plead and prove that she held or desired a job, and could perform its essential functions with or without reasonable accommodation, at the time of an employer’s alleged act of disability-based discrimination.”  This case involved a retiree and post-retirement health benefits and could have presented significant financial challenges for local governments had the Supreme Court issued...

Yesterday, the Supreme Court decided Barnes v. Felix, an important Fourth Amendment case for law enforcement involving the Fifth Circuit’s “moment of threat” doctrine, which only analyzes the reasonableness of the use of force at the moment the officer deploys deadly force.  In a unanimous opinion, the Supreme Court rejected the Fifth Circuit’s narrow formulation, concluding the proper test is the “totality of circumstances” test and underscoring that a court “cannot review the totality of the circumstances if it has...

How IMLA is Helping Local Government Lawyers Navigate a Shifting Federal Landscape In a time of extraordinary change at the federal level — including the issuance of 142 Executive Orders in just the first 100 days of the current administration — local governments are facing new and often complex legal challenges. From dramatic changes to federal funding frameworks, to shifts in immigration enforcement and evolving standards for diversity programs, local government lawyers are on the front lines of interpreting and responding...

IMLA’s Legal Advocacy program promotes the interests of local government in amicus briefs filed at appellate courts nationally, including state supreme courts, the federal Circuit Courts of Appeal, and the United States Supreme Court. Through roughly 40 briefs each year, whether filed by IMLA individually, jointly with other jurisdictions and state municipal organizations, or with one more of our associates in the Local Government Legal Center (LGLC)--the National League of Cities, the National Association of Counties, the Government Finance Officers...

Yesterday, in a win for local governments in Bondi v. VanDerStok, the Supreme Court held that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)’s regulation of so-called “ghost guns” did not violate the Administrative Procedure Act (APA) as the firearm part kits could be considered firearms under the statutory definitions of the GCA.  This case has significant implications for public safety as before the ATF’s rule, local governments around the country had seen an exponential increase in untraceable ghost...

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...

Yesterday, in San Francisco v. EPA, in a win for local governments, the Supreme Court held that the EPA is not authorized to impose “end result” provisions in National Pollutant Discharge Elimination System (NPDES) permits and instead it is the EPA’s responsibility to “determin[e] what steps a permittee must take to ensure that water quality standards are met.”  This case helps ensure local governments understand their obligations under the Clean Water Act (CWA).  It will also allow them take advantage...

IMLA celebrates Black History Month! For every month of the year, IMLA continues to advocate and support racial equity programs and inclusive legislation that protect and support BIPOC and LGBTQIA+ communities across the United States and Canada. February is a month of celebration and recognition of the achievements of our own members in their legal careers and are exemplary local government attorneys and individuals in their own communities.  Nominated by their peers, we would like to recognize the following individuals and...

Today, in Lackey v. Stinnie, the Supreme Court held that a party does not “prevail” under 42 U.S.C. § 1988 for the purposes of attorney’s fees based on obtaining a preliminary injunction, even if the defendant’s conduct later moots the case.  This case was a win for local governments as attorney’s fees awards can be significant and a contrary result would undermine the public fisc. In this case, a group of Virginia drivers whose licenses were suspended due to their failure...