Can A City Refuse Land-Use Permits Because it Doesn’t Like the Federal Policies the Property Will be Used to Implement?

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar explains why a local government cannot constitutionally create policy discriminating against entities that do business with the feds. Specifically, Amar discusses a situation in which the city of Farland, California, is trying to prevent a privately operated state prison facility located in that city from contracting with Immigration and Customs Enforcement (ICE).

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Sandra R. v. Department of Child Safety

Docket: CV-19-0057-PR

Opinion Date: March 11, 2020

Judge: Lopez

Areas of Law: Family Law

In this termination of parental rights case the Supreme Court held that when a juvenile court finds a parent unfit for neglecting or willfully abusing a child the court may also find the parent unfit as to that parent's non-abused children but must first determine whether there is clear and convincing evidence of a risk of harm to the children. After then six-week-old J.M. was diagnosed with a large subdural hemorrhage on her brain the juvenile court terminated Mother's rights to J.M., F.M., and M.R., and terminated Father's rights to J.M. and F.M. The court found that J.M.'s injuries were the result of willful abuse and that both parents demonstrated their lack of protective capacities for all the children. The court of appeals affirmed, holding that when a juvenile court determines whether to terminate parental rights to non-abused children, the risk of harm to such children should be considered under a totality of the circumstances analysis during the best-interests inquiry. The Supreme Court affirmed the severance order but vacated the court of appeals' opinion in part, holding that a juvenile court's extrapolation of parental unfitness will not pass constitutional muster unless the risk of harm to non-abused children is proven by clear and convincing evidence.