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