McCloud Bros.

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Did the Kansas Supreme Court meet over Zoom to “discuss church gatherings”? No. No, it did not.

This morning, the Kansas Supreme Court heard oral argument via videoconference in Kelly v. Legislative Coordinating Council. In Kelly, Kansas Governor Laura Kelly is challenging the Legislative Coordinating Council’s (LCC) attempt to overturn her recent order limiting all gatherings in the state, including most religious gatherings, to no more than 10 people.

The Twitter News headline for the story claimed that the hearing was held to “discuss church gatherings,” and many people took that claim at face value. But it’s wrong.

The Legal History of Kansas Crossing: Kansas Penn Gaming I

In Part I of this series, I discussed the enactment of the Kansas Expanded Lottery Act (KELA) and the constitutional challenge brought against it. Even before the Kansas Supreme Court rebuffed that challenge, developers were submitting bids to build and operate one of the four KELA casinos. In the southeast gaming zone, Kansas Penn Gaming, a subsidiary of Penn National Gaming (Penn), was the sole applicant and was awarded the contract.

Yet, KPG never built a casino in southeast Kansas. What happened?

The Legal History of Kansas Crossing: KELA & the Kansas Constitution

On May 5, the Kansas Supreme Court released its opinion in Board of County Commissioners of the County of Cherokee v. Kansas Racing & Gaming Commission (PDF). That case involved the political wrangling that led to the opening of Kansas Crossing Casino & Hotel on the outskirts of Pittsburg, Kansas earlier this year. Kansas Crossing opened a decade after the state first authorized the establishment of a casino in Southeast Kansas through the Kansas Expanded Lottery Act (KELA).

What took so long?

The Case Against the FAA's Drone-Registration Rule Isn't as Straightforward as it Looks

Yesterday, the U.S. Court of Appeals for the D.C. Circuit issued its opinion in the case of Taylor v. Huerta (PDF). In Taylor, a drone hobbyist (Taylor) asked the D.C. Circuit to overturn the FAA Registration Rule (PDF). The court agreed with Taylor that the rule violated the FAA Modernization and Reform Act of 2012, and so struck the rule down "to the extent it applies to model aircraft." Though the court opined that "[s]tatutory interpretation does not get much simpler" than in this case, there is something unusual about how it went about that process.

Is the Equal Rights Amendment Still Viable in 2017? (Part 1)

The Equal Rights Amendment (ERA) was sent to the states for ratification in 1972. The Amendment provided that "[e]quality of rights under the law shall not be denied or abridged . . . on account of sex." A time limit in the preamble to the amendment gave states seven years to ratify the ERA. In 1978, Congress extended that deadline by three years. When the deadline came around in 1982, only 35 of the 38 states needed had ratified the Amendment (the last in 1977), and five of those had voted to rescind their ratifications. Given this history, is the ERA still open to ratification in 2017?

Rules for Legislators: Put Your Laws Online and Annotate Them

State and federal law governs all of us. But sometimes, figuring out what the law says isn't easy. That's why people pay lawyers lots of money to do it for them. Lawyers, in turn, spend lots of money on research materials that organize the sources of law--statutes, court decisions, regulations, and so on--and help explain them. But the law governs us whether we know what it says or not. Accordingly, governments should make it easy to access the law, in whatever form it takes. Unfortunately, some states seem to have the exact opposite idea.