Sanctuary cities could get boost from sports betting ruling

Featured Legal News

In President Donald Trump's former life as a casino owner, he might have cheered Monday's ruling from the Supreme Court that struck down a federal law that barred every state but Nevada from allowing betting on most sporting events.

But the Trump administration opposed the outcome reached by the high court at least in part because it could signal trouble in its legal fight against so-called sanctuary states and cities. Seven of the nine justices — five conservatives and two liberals — backed a robust reading of the Constitution's 10th Amendment and a limit on the federal government's power to force the states go along with Washington's wishes.

The federal anti-gambling law is unconstitutional because "it unequivocally dictates what a state legislature may and may not do," Justice Samuel Alito wrote in his majority opinion. "It's as if federal officers were installed in state legislative chambers and were armed with the authority to stop legislators from voting on any offending proposals."

There is a direct link between the court's decision in the sports betting case and the administration's effort to punish local governments that resist Trump's immigration enforcement policies, several legal commentators said.

"The court ruled definitively that the federal government can't force states to enforce federal law. In the immigration context, this means it can't require state or local officials to cooperate with federal immigration authorities," said Ilya Shapiro, a senior fellow in constitutional studies at the libertarian Cato Institute.

Omar Jadwat, director of the ACLU's immigrants' rights project, said the ruling reinforced decisions from the 1990s, including one that struck down part of a federal gun control law that required local police to determine if buyers were fit to own handguns.

"It reiterates that the real thrust of the 10th Amendment and the principles of law in this area is that the fed government can't tell the states or cities how to legislate," Jadwat said. The amendment says that powers not specifically given to the federal government belong to the states.

The gun law decision split the court's conservatives and liberals in 1997, in keeping with conservatives' complaints about the federal government's overreach and the importance of states' rights. But on Monday, Justices Stephen Breyer and Elena Kagan joined their more conservative colleagues.

The Justice Department declined to comment on the decision, but it had called on the court to uphold the federal law at issue — the department's usual practice when federal laws are challenged — by arguing that there was no constitutional violation.

In the most recent ruling about sanctuary cities, the federal appeals court in Chicago held last month that the federal government cannot withhold public safety grants from cities that won't go along with Trump's immigration enforcement policies.

In lawsuits challenging the administration, cities argue that turning local police authorities into immigration officers erodes trust with minority communities and discourages residents from reporting crime. The administration says sanctuary jurisdictions allow dangerous criminals back on the street.

The administration's efforts to crack down on places that don't comply with immigration authorities have taken several forms. Trump issued an executive order aimed at withholding federal money from recalcitrant jurisdictions. The administration also has sued California over three laws aimed at protecting immigrants in the country illegally.

Related listings

  • Kentucky high court: Death penalty IQ law unconstitutional

    Kentucky high court: Death penalty IQ law unconstitutional

    Featured Legal News 06/16/2018

    The Kentucky Supreme Court has ruled that the state's practice for determining if someone is intellectually disabled and not eligible to receive the death penalty is "unconstitutional."News outlets report that the court on Thursday deemed Kentucky's ...

  • Kansas court avoids ruling on execution for student's death

    Kansas court avoids ruling on execution for student's death

    Featured Legal News 06/13/2018

    The Kansas Supreme Court has postponed a decision on whether the state can execute a man convicted of kidnapping, raping and strangling a 19-year-old college student.The high court on Friday upheld the capital murder conviction of Justin Eugene Thurb...

  •  Court: Compliance reached in education funding case

    Court: Compliance reached in education funding case

    Featured Legal News 06/11/2018

    A long-running court case over the adequacy of education funding in Washington state has ended, with the state Supreme Court on Thursday lifting its jurisdiction over the case and dropping daily sanctions after the Legislature funneled billions more ...

CHICAGO BUSINESS & CORPORATE LITIGATION LAWYERS

When faced with a legal challenge, your attorneys should help you identify your goals at the beginning of the process. Thereafter, every action that follows must be undertaken with the aim of meeting those goals. Wasted effort equals wasted time and money, that’s something you cannot afford and your attorneys must respect this concept. At Roth Law Group, we counsel our clients to confront their legal challenges aggressively, but with purpose.

As a former Marine Corps Pilot, I learned that you must assess the situation, determine your mission, construct a plan to achieve the mission and execute that plan. As an attorney and small business owner, I apply the same concepts in taking on my client’s legal challenges. And while it is generally preferable to resolve cases early in the process whenever possible, if you have no choice but to fight, you need someone who is willing to aggressively advocate for you. Here at Roth Law Group, we never back down from a challenge and we fight to win. Let our experienced attorneys put you in control of your legal challenges so you can get back to running your business.