Post-Wildfire Debris Flows: Federal Role in Assessment and Warning
A debris flow (also known as a mudflow or mudslide) is a type of landslide that involves a slurry of water, soil, rock, vegetation, or other debris moving down a slope. Often a debris flow may encount...
303 Creative v. Elenis: Supreme Court Recognizes Free Speech Exception to Nondiscrimination Law
In 303 Creative LLC v. Elenis, issued on June 30, 2023, the Supreme Court ruled that the First Amendment’s Free Speech Clause barred a state from enforcing its nondiscrimination law against a website ...
Supreme Court Invalidates Student Loan Cancellation Policy Under the HEROES Act
On June 30, 2023, the Supreme Court decided two cases concerning the Department of Education’s (ED’s) plan to cancel up to $20,000 of outstanding federal student loan debt for certain borrowers. In Bi...
Polselli v. IRS: Supreme Court Clarifies Notice Requirements for a Third-Party IRS Summons
In Polselli v. IRS, decided on May 18, 2023, the Supreme Court held that when the Internal Revenue Service (IRS) issues a third-party summons to aid the collection of a taxpayer’s delinquent taxes, th...
“Reserved” but Not “Secured”: Supreme Court Sinks Navajo Nation’s Attempt to Compel Federal Action on Tribal Water Rights
On June 22, 2023, the Supreme Court issued its decision in two consolidated cases (hereinafter Navajo Nation) involving the Navajo Nation’s rights to water on the Navajo Reservation, which generally l...
Missing and Murdered Indigenous People (MMIP): Overview of Recent Research, Legislation, and Selected Issues for Congress
Across many countries and in the United States, Indigenous peoples—women and girls in particular—are disproportionately affected by violence. In the United States, for example, 84% of American Indian ...
The Supreme Court Strikes Down Affirmative Action at Harvard and the University of North Carolina
On June 29, 2023, the U.S. Supreme Court issued a decision upending precedent permitting limited use of race in higher education admissions. In an opinion deciding a pair of cases, Students for Fair A...
The 3.8% Net Investment Income Tax: Overview, Data, and Policy Options
Since 2013, certain higher-income individuals have been subject to a 3.8% “unearned income Medicare contribution” tax, more commonly referred to as the net investment income tax (NIIT). The statutory ...
Status of Efforts to Restore Chesapeake Bay Water Quality
For decades, Chesapeake Bay jurisdictions (Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, and the District of Columbia), multiple federal and local agencies, and others have work...
Supreme Court Considers Meaning of “An Offense Relating to Obstruction of Justice” for Immigration Enforcement Purposes
On June 22, 2023, in Pugin v. Garland (decided together with Garland v. Cordero-Garcia), the Supreme Court considered the meaning of the phrase “an offense relating to obstruction of justice” for immi...
The Eighteenth Amendment and National Prohibition, Part 3: Temperance Movements
This Legal Sidebar post is the third in a seven-part series that discusses the Eighteenth Amendment to the Constitution. Prior to its repeal, the Eighteenth Amendment prohibited the manufacture, sale,...
The Eighteenth Amendment and National Prohibition, Part 1: Introduction
This Legal Sidebar post is the first in a seven-part series that discusses the Eighteenth Amendment to the Constitution. Prior to its repeal, the Eighteenth Amendment prohibited the manufacture, sale,...
The Eighteenth Amendment and National Prohibition, Part 5: Proposal and Ratification
This Legal Sidebar post is the fifth in a seven-part series that discusses the Eighteenth Amendment to the Constitution. Prior to its repeal, the Eighteenth Amendment prohibited the manufacture, sale,...
The Eighteenth Amendment and National Prohibition, Part 6: Supreme Court Cases
This Legal Sidebar post is the sixth in a seven-part series that discusses the Eighteenth Amendment to the Constitution. Prior to its repeal, the Eighteenth Amendment prohibited the manufacture, sale,...
The Eighteenth Amendment and National Prohibition, Part 7: Repeal
This Legal Sidebar post is the last in a seven-part series that discusses the Eighteenth Amendment to the Constitution. Prior to its repeal, the Eighteenth Amendment prohibited the manufacture, sale, ...
Federal Grant Technical Assistance: Definition, Use, and Considerations for Congress
Congress often takes an interest in how quickly federal money is expended by grantees, how effectively funding is targeted to the needs identified in the legislation, and how the risk of waste, fraud,...
Supreme Court Narrows Federal Jurisdiction Under Clean Water Act
On May 25, 2023, the Supreme Court decided Sackett v. EPA, a case with significant implications for the scope of federal jurisdiction under the Clean Water Act (CWA). While the Court unanimously agree...