Capitol Comments

In an unauthored opinion in Moore v. Texas II the Supreme Court concluded Bobby James Moore has intellectual disability. In Atkins v. Virginia (2002) the Supreme Court held that persons with intellectual disability can’t be executed.

As the dissenting Justices point out, the Supreme Court typically opines whether a lower court has correctly applied as a standard and sends the case back to the lower court if it didn’t. The Supreme Court usually doesn’t apply the standard itself. It may have done so in this case because it previously held the Texas Court of Criminal Appeals failed to correctly apply the intellectual disability standard to Moore in Texas v. Moore (2017) (Moore I).

On Jan. 14, the U.S. Department of Justice issued a memo that reinterpreted a 1961 law designed to combat organized crime involvement in gambling. The Wire Act of 1961 specifically applies to anyone “in the business of betting or wagering” who “uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest.” Evolving telecommunications technology raised questions about the law’s applications, especially once online lottery sales became feasible.
In 2009, the New York State Lottery Division and then-Illinois Gov. Pat Quinn wrote to the DOJ separately to ask for clarification concerning interstate transmission of lottery data. New York argued that all lottery tickets would be bought and sold within the state, but that transaction data may be rerouted to data centers in other states to deal with heavy network traffic and weather issues. They also pointed out that New York had used this system since 2005, and over 40 state lotteries used similar systems. Quinn explained that their state lottery was a pilot program implemented to avoid “an unprecedented fiscal crisis,” and the program was “a key part of the State’s strategy to address this crisis and raise additional revenue to fund critical state programs…”

CSG Midwest
Within weeks of being sworn into office, two of the Midwest’s newly elected governors took action on gun legislation, though the two measures have very different aims. South Dakota’s SB 47 was the first bill signed into law by Gov. Kristi Noem. It allows individuals to carry a concealed handgun without a permit. South Dakota joins two other Midwestern states (Kansas and North Dakota are the others) with so-called “constitutional carry” laws, according to the National Rifle Association. South Dakota still has restrictions on who can carry a concealed weapon, The (Sioux Falls) Argus Leader reports, and individuals may still want a permit for reciprocity with other states.
CSG Midwest
The Midwest is expected to lose three congressional seats and electoral college votes — and maybe more — during the nation’s next reapportionment, the political consulting firm Election Data Services notes in its most recent analysis of population trends.
The firm’s findings are based on U.S. Census Bureau estimates from December. That data show Illinois, Michigan and Minnesota losing one seat each. Ohio also loses one when trends are projected to 2020 — the year when populations are calculated to determine each state’s number of U.S. House seats. These numbers also impact the distribution of federal funds to states and local communities.
CSG Midwest
With few exceptions, the Midwest’s legislatures have more women serving in them this year than in 2018. And in six of the region’s states — Illinois, Indiana, Michigan, Nebraska, North Dakota and Ohio — the numbers are at historic highs.
Why the jump? Why is there a gender gap in politics? What kind of effect does more female representation have on policymaking? Those questions have been the subject of much political science research over decades, and the answers are sometimes simple, sometimes complex. Here is what CSG Midwest learned in a interview with Debbie Walsh, director of the Center for American Women and Politics at Rutgers University.
CSG Midwest
The opioid crisis in Ohio has made the need for foster care families greater than ever, and the state launched a new website and public awareness campaign in January to get more children placed in safe, loving homes. Ohio has nearly 16,000 children in the custody of county children services agencies. Since 2013, the number of children entering the state’s foster care system has risen 24 percent. Many of these individuals are quite young —17 percent of the foster care population is under 12 months of age and 35 percent is 3 years old and younger.
CSG Midwest
By July of next year, a practice in Ohio’s commercial harbors will no longer be allowed — the dumping of dredged materials into the open waters of Lake Erie. This ban is the result of a bill passed by the legislature in 2015 (SB 1), and is part of the state’s broader efforts to keep excess nutrients from entering the shallowest of the Great Lakes, causing harmful algal blooms and degrading water quality.
The legislative action from four years ago, along with subsequent funding commitments, has led to an unprecedented effort in the state to find beneficial uses of these materials — the rock, sand, gravel, mud and clay removed from the bottom of shipping channels to keep them safe for navigation.
CSG Midwest
The U.S. Tax Cuts and Jobs Act, which became law in December 2017, included a $10,000 cap on the deductibility of state and local taxes from federal taxes, the so-called “SALT deduction.” Prior to the 2018 tax year, there was no cap on the deductibility of state and...
CSG Midwest
The only state in the Midwest that does not automatically restore the voting rights of people with criminal felony convictions is considering a change in this policy, via an amendment to its Constitution. Iowa Gov. Kim Reynolds proposed the idea in her Condition of the State address, and it has since been the subject of legislative committee hearings.
According to the Des Moines Register, Iowa and Kentucky are currently the only two U.S. states where a felon is permanently disenfranchised, minus an action taken by the governor or president.
CSG Midwest
The nation’s high school graduation rates continue to rise, new federal data show, though progress has slowed on this achievement indicator — one of the fundamental ways that states will assess the performance of their schools, districts and overall K-12 systems under the U.S. Every Student Succeeds Act (ESSA).
In the Midwest, rates for the 2016-’17 school year ranged from a high of 91.0 percent in Iowa (tops in the nation) to a low of 80.2 percent in Michigan. Illinois, Kansas, Nebraska, North Dakota, Ohio and Wisconsin joined Iowa in exceeding the U.S. average of 84.6 percent, which was up half of a percentage point from the previous school year.

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