Washington residents challenge state’s effort to tax long-term capital gains

Washington residents challenge state’s effort to tax long-term capital gains

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

The Constitution constrains states from excessively burdening out-of-state commerce – a doctrine known as the dormant commerce clause, because it is implicit in the grant of power to Congress to regulate interstate commerce. Five years ago, a divided Supreme Court held in South Dakota v. Wayfair that, under the doctrine, … Read the rest

Christian school renews effort to expand religious freedom over employment

Christian school renews effort to expand religious freedom over employment

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Nearly three years ago, the Supreme Court extended a First Amendment protection known as the “ministerial exception,” a court-created doctrine that bars courts from reviewing employment decisions by religious employers about their ministers. Last year, four justices issued a statement regarding the denial of a petition that sought to further … Read the rest

Court will consider effort by North Carolina legislators to intervene to defend state voter-ID law

Court will consider effort by North Carolina legislators to intervene to defend state voter-ID law

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In a surprise pre-Thanksgiving order, the Supreme Court on Wednesday added one new case to its merits docket for the 2021-22 term. In Berger v. North Carolina State Conference of the NAACP, the justices will weigh in on an effort by Republican legislators in the state to intervene to defend the state’s voter-ID law.

The North Carolina chapter of the NAACP, along with several local chapters of the group, filed a lawsuit alleging that the law violates the … Read the rest