Capitol Comments

State and local governments would not be disappointed if the Supreme Court overturned Chevron v. NRDC (1984). While overturning Chevron isn’t on the table in Coventry Health Care of Missouri v. Nevils, limiting it is. The State and Local Legal Center (SLLC) asked the Court in its amicus brief to rule that Chevron deference does not apply when an agency is construing the scope of a statute’s preemption provision, absent Congress’s assent.   

In Chevron v. NRDC the Supreme Court held that courts should defer to reasonable agency interpretations of ambiguous statutes. States and local governments generally prefer that courts not defer to federal agency regulations because this deference gives federal agencies a lot of power. 

President Trump’s refugee executive order has resulted in confusion and lawsuits which will continue to be resolved in the upcoming months. Cities have been affected by protests, airports have been overrun, and 16 attorneys general have spoken out against the executive order.

The issue the Supreme Court will decide in Packingham v. North Carolina is whether a North Carolina statute prohibiting registered sex offenders from accessing social networking websites where they know minors can create or maintain a profile violates the First Amendment. The State and Local Legal Center (SLLC) amicus brief argues this law does not violate the First Amendment.

Lester Packingham was charged with violating the North Carolina statute because he accessed Facebook. In the posting that got him in trouble Packingham thanked God for the dismissal of a ticket.

The issue the Supreme Court will decide in Packingham v. North Carolina is whether a North Carolina statute prohibiting registered sex offenders from accessing social networking websites where they know minors can create or maintain a profile violates the First Amendment. The State and Local Legal Center (SLLC) amicus brief argues this law does not violate the First Amendment.

Lester Packingham was charged with violating the North Carolina statute because he accessed Facebook. In the posting that got him in trouble Packingham thanked God for the dismissal of a ticket.

On the campaign trail President Trump promised to cancel all federal funding to sanctuary cities who do not cooperate with the federal government in enforcing federal immigration law. True to his word, President Trump has signed an executive order stating that sanctuary cities are “not eligible to receive Federal grants,” with some unclear exceptions.   

Whether and when this executive order will lead to cities losing federal funding, and how much, is unknown. New York City mayor Bill de Blasio has vowed to sue the federal government “the minute action to withhold funding” occurs.

On the campaign trail President Trump promised to cancel all federal funding to sanctuary cities who do not cooperate with the federal government in enforcing federal immigration law. True to his word, President Trump has signed an executive order stating that sanctuary cities are “not eligible to receive Federal grants,” with some unclear exceptions.   

Whether and when this executive order will lead to cities losing federal funding, and how much, is unknown. New York City mayor Bill de Blasio has vowed to sue the federal government “the minute action to withhold funding” occurs.

In its amicus brief in County of Los Angeles v. Mendez the State and Local Legal Center (SLLC) asks the Supreme Court to reject the “provocation” rule, where any time a police officer violates the Fourth Amendment and violence ensues, the officer will be personally liable for money damages for the resulting physical injuries.

Everyone agrees police officers used reasonable force when they shot Angel Mendez. As officers entered, unannounced, the shack where Mendez was staying they saw a silhouette of Mendez pointing what looked like a rifle at them. The Ninth Circuit awarded him and his wife damages because the officers didn’t have a warrant in violation of the Fourth Amendment to search the shack thereby “provoking” Mendez.

President Obama, like most of the Presidents that recently preceded him, issued about 300 executive orders. On the campaign trail President Trump promised to cancel President Obama’s “unconstitutional” executive orders. Meanwhile, in his first days in office President Trump has signed a number of executive orders of his own.    

Through executive orders Presidents are able to direct the work of administrative agencies and implement authority granted to the President by a federal statute or the U.S. Constitution.

CSG Midwest
K-12 education consistently makes up the largest share of state general fund spending each year, hovering between 34 percent and 36 percent since 1996, according to the National Association of State Budget Officers. In fiscal year 2015, more than $260 billion went to elementary and secondary education. Although no two states distribute education dollars exactly the same way, the vast majority of funding formulas are built around a “foundation” or “base” amount of funding that is the minimum each student receives. 

CSG Midwest
For 40 years, Mary Murphy has been introducing legislation and casting votes that shape public policy in her home state of Minnesota. But the longtime state representative always had her eye on being part of another vote, and this past year, she finally got the chance. In December, Rep. Murphy and nine other fellow Minnesotans met in St. Paul to make the state’s official votes in the U.S. Electoral College. A packed room of people — some of them high school teachers and students who had participated in a statewide mock election run by the secretary of state — watched the proceedings in the Senate Office Building.
“It was everything I expected, and more,” Murphy said a few days after casting her votes for Hillary Clinton and Tim Kaine.
The event had special meaning for Murphy because of her many years as a high school history and civics teacher. But for most people, in most presidential elections, the Electoral College is little more than an afterthought. This time was different. First, for one of the few instances in the nation’s history, the winner of the nation’s popular vote (Clinton) lost the race for president. Second, between the Nov. 8 general election and the Dec. 19 Electoral College vote, some electors in states where Donald Trump won the popular vote were pressured to cast a vote for someone else.

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