Capitol Comments

CSG Midwest
The U.S. state with the nation’s lowest unemployment rate (2.3 percent as of March) will try to attract more skilled workers with $6 million worth of new scholarships and loan repayments. North Dakota’s HB 1171 seeks to address what many policymakers have said is the state’s No. 1 economic issue — workforce shortages.
CSG Midwest

As part of a national movement that has states re-examining their laws on rape and marriage, Minnesota legislators have removed statutory language that allowed for a “pre-existing relationship defense” in cases of criminal sexual assault. HF 15 was signed into law in early May by Minnesota Gov. Tim Walz. 

CSG Midwest
Every five years, farm owners and operators are asked to complete a survey describing the characteristics of their farms. It takes almost two years for the U.S. Department of Agriculture to compile this data, which was released in April. Here is a summary of the notable trends and changes captured in the census about the Midwest.

Franchise Tax Board of California v. Hyatt (Hyatt III) is a win for state sovereignty, albeit an obscure victory. In this case the Supreme Court overturned precedent to hold 5-4 that states are immune from private lawsuits brought in courts of other states.

Since 1993 Gilbert Hyatt and the Franchise Tax Board of California (FTB) have been involved in a dispute over Hyatt’s 1991 and 1992 tax returns. FTB claims that Hyatt owes California taxes from income he earned in California. Hyatt claims he lived in Nevada during the relevant time period. Hyatt sued FTB in Nevada claiming FTB committed a number of torts during the audit.

On April 23, Louisiana’s House Commerce Committee approved House Bill 405, a measure that would deregulate professional wrestling and remove oversight authority from the state’s Boxing and Wrestling Commission.[1] The commission remains unanimously opposed to HB 405, citing their role in protecting the “health and safety of both the...

CSG Midwest
Bail, in its most ideal form, serves two purposes. First, it maintains the American ideal of innocent until proven guilty by allowing suspects to continue their daily lives as normally as possible while they await further court actions. Second, it incentivizes the...

The U.S. Department of Defense’s Federal Voting Assistance Program, or FVAP, recently released a research note with in-depth analysis on election data collected from the states using a data standard crafted in conjunction with The Council of State Governments’ Overseas Voting Initiative working group. CSG and FVAP originally entered into a cooperative agreement, the Overseas Voting Initiative, or OVI, in 2013 that led to the current iteration of the agreement running through 2022. The initiative targeted data standardization as a primary focus to assist states in better reporting of military and overseas voters’ ballot transmissions.

Predicting the outcome of a Supreme Court case based on oral argument is foolhardy. But unless the more liberal Justices (Ginsburg, Breyer, Sotomayor, and Kagan) are able to pick up the vote of a more conservative Justice (Roberts, Thomas, Alito, Gorsuch, and Kavanaugh) it seems likely the 2020 census will contain a question about citizenship.

In March 2018 Secretary of Commerce Wilbur Ross issued a memorandum stating he would add the question. He claimed the Department of Justice (DOJ) wanted the data to enforce the Voting Rights Act’s prohibition against diluting the voting power of minority groups.

Following the lead of 1990 proposal from the federal Department of Education, some states have policies that deny or revoke occupational licenses from student loan borrowers in default. New federal legislation seeks to end this practice.

After refusing to accept or reject petitions for months the Supreme Court has finally agreed to decide whether employers violate Title VII when they discriminate against employees on the basis of sexual orientation or transgender status. Among other things, Title VII prohibits discrimination “because of . . . sex.” 

Until 2017 all federal courts of appeals to consider the question had held Title VII does not protect employees on the basis of sexual orientation. This changed when the Seventh Circuit reversed itself in Hively v. Ivey Tech Community College concluding “discrimination of the basis of sexual orientation is a form of sex discrimination.”

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