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Constitutional Uniformity Requirement

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Siegel v. Fitzgerald, No. 21-441, 2022 U.S. LEXIS 2681 (June 6, 2022)

Article I, section 8 of the Constitution empowers Congress to enact uniform laws on the subject of bankruptcy throughout the nation.  This decision holds that Congress violated the uniformity requirement when it raised US Trustee fees in 2017 because, at that time, it did not also raise the fees charged bankrupts in the six districts in Alabama and North Carolina… Read More