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08-1438 Sossamon v. Texas
Constitutional Law Sovereign immunity States, in accepting federal funding, do not consent to waive their sovereign immunity to private suits for money damages under RLUIPA. Sossamon mistakenly contends that Congress’ enactment of RLUIPA §3 pursuant to the Spending Clause put the States on notice that they would be liable for damages because Spending Clause legislation […]
09-529 Virginia Office for Protection & Advocacy v. Stewart
Constitutional Law Sovereign immunity The Eleventh Amendment does not preclude a state agency from suing the state. Respondents claim that a State’s dignity is diminished when a federal court adjudicates a dispute between its components. But a State’s stature is not diminished to any greater degree when its own agency sues to enforce its officers’ […]
10-1973 Freedom From Religion Foundation, Inc., v. Obama
Constitutional Law Establishment Clause; standing Citizens lack standing to challenge 36 U.S.C. 119, establishing the National Day of Prayer. “Section 119 imposes duties on the President alone. It does not require any private person to do anything—or for that matter to take any action in response to whatever the President proclaims. If anyone suffers injury, […]
07-C-0303 Burton v. American Cyanamid Co.
Constitutional Law Due process; Takings Clause; retroactive liability The Wisconsin Supreme Court’s adoption of the risk contribution doctrine for lead paint manufacturers was not unconstitutional. “[E]ven assuming that the risk contribution doctrine imposed retroactive liability and that judicial decisions in the civil law area were subject to constitutional challenge on retroactivity grounds[...]
09-3673 Kathrein v. City of Evanston, Illinois
Constitutional Law Takings; demolition tax A municipality’s affordable housing demolition tax is not a tax, but a regulation, so a constitutional challenge is not barred by the Tax Injunction Act. “We are especially sure that review of the Demolition Tax will not threaten the revenue on which Evanston relies because proceeds of the Demolition Tax […]
09-3975 & 10-1019 Empress Casino Joliet Corp. v. Blagojevich
Constitutional Law Legislative immunity A state governor is immune from a lawsuit alleging that his signing legislation violated the RICO Act. “The former governor is entitled to legislative immunity. The Supreme Court has made clear that state and local officials are absolutely immune from federal suits filed against them in their personal capacities for actions […]
10-2485 & 10-3635 Zamecnik v. Indian Prairie School Dist. # 204
Constitutional Law Freedom of speech; schools A school cannot prohibit students from wearing t-shirts that say, “Be Happy, Not Gay.” “[A] school that permits advocacy of the rights of homosexual students cannot be allowed to stifle criticism of homosexuality. The school argued (and still argues) that banning ‘Be Happy, Not Gay’ was just a matter […]
10-1829 Miller v. Dobier
Constitutional Law Due process; prisons Persons civilly committed as sexually violent persons are entitled to due process before being disciplined, but disciplinary measures that do not substantially worsen the conditions of confinement of a lawfully confined person are not actionable. “Language in a few cases could be read to suggest that a pretrial detainee or […]
10-1359 Bettendorf v. St. Croix County
Constitutional Law Takings; downzoning Where a property owner made improvements pursuant to a conditional zoning provision, and then successfully sued to have the condition struck down, subsequent downzoning of the property was not a taking. “The Takings Clause presupposes government interference with one’s property rights in pursuit of a public purpose. Lingle v. Chevron, 544 […]
10-1359 Bettendorf v. St. Croix County
Constitutional Law Takings; downzoning Where a property owner made improvements pursuant to a conditional zoning provision, and then successfully sued to have the condition struck down, subsequent downzoning of the property was not a taking. “The Takings Clause presupposes government interference with one’s property rights in pursuit of a public purpose. Lingle v. Chevron, 544 […]
09-3297 Labella Winnetka, Inc., v. The Village of Winnetka
Constitutional Law Due process A village’s refusal to issue building permits or a liquor license did not violate substantive or procedural due process. “Apart from the renewal form allegations, LaBella also alleged that defendants ‘cancelled’ its liquor license ‘without cause, notice or a hearing.’ LaBella contends that that allegation-which the district court a[...]
08-4164 Board of Regents v. Phoenix International Software, Inc.
Constitutional Law Sovereign immunity A state does not lose its sovereign immunity through litigation conduct. “Phoenix contends that Wisconsin’s litigation status was similarly changed-and its sovereign immunity similarly waived-when it made the decision to file an action in district court pursuant to 15 U.S.C. § 1071(b) rather than appealing the TTAB’s decision to the Federal [...]
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