Capitol Comments

CSG Midwest
North Dakota legislators sued Gov. Doug Burgum in December, alleging he overstepped his line-item veto authority by deleting words or phrases in ways that changed legislative intent. The state’s Supreme Court agreed to hear the case, and gave the governor’s office until Jan. 16 to file a response.
CSG Midwest
Starting this year, Michigan law enforcement agencies must keep track of the reason for, and the circumstances surrounding, a law enforcement officer’s resignation.
The result of state legislation passed in 2017 (SB 223), this new requirement aims to prevent officers who resign due to accusations of misconduct from being hired by another department unknowingly.
“Many times, police departments don’t want to risk a lawsuit by giving out a bad report on a former employee; other times, there’s a deal cut between the officer and the police chief or sheriff,” says Sen. Rick Jones, the sponsor of SB 223, who is a former sheriff with 31 years of experience in law enforcement. Such a deal, he adds, would allow an officer to resign in lieu of termination, which allows him or her to remain certified and to have a clean employment record when pursuing another job in law enforcement.
CSG Midwest
A trip to the doctor, and treatment, without a co-pay?
CSG Midwest
Wisconsin legislators have ended a decades-long prohibition on the cultivation of industrial hemp with the hope of opening new economic opportunities for the state’s farmers. Gov. Scott Walker signed SB 119 in November after it received unanimous support in the state House and Assembly.
CSG Midwest
Last year, 2.3 million people attended Iowa’s 105 volunteer-driven, youth-oriented county and regional fairs. That means a lot of people in close contact with farm animals — and, as a result, the chance for outbreaks of zoonotic disease. “I see fair officials doing due diligence to reduce the risk of visitors getting sick,” notes Iowa Sen. Dan Zumbach, who, like many farmers, has been a 4-H leader and is active on his county board.
But even if the proper precautions are taken (for example, proper handling of animal waste, posting signs and promoting hand washing among participants), outbreaks can and do happen, as evidenced by occurrences in the Midwest. According to the International Association of Fairs and Expos, county fairs in Minnesota, North Dakota, Ohio and Wisconsin have had known cases of E. coli O157:H7 outbreaks since 2000.
One concern of Zumbach’s has been the legal liability of county fairs when these incidences occur. His response: Last year’s introduction of SF 362, which received near-unanimous approval in the Legislature.
Now a new state law, the measure explicitly states that no fair authority in Iowa (state, local or regional) is liable for injuries or deaths “caused by a domesticated animal pathogen transmitted at a domesticated animal premises located on its fairgrounds.”
CSG Midwest
Six states in the Midwest are part of a new legal effort to end laws in Massachusetts and California that regulate the housing of hens, calves and pigs in agricultural operations. Two separate lawsuits were filed directly with the U.S. Supreme Court in December. Indiana is leading the multi-state complaint against the Massachusetts law, which bans the sale of egg, pork and veal from farms (inside or outside the state) that don’t meet certain animal-confinement standards. These rules were established by Massachusetts voters in 2016 via a ballot referendum.

What if a district court adopts a redistricting plan and the state legislature later codifies that plan. May the same district court later rule the redistricting plan is unlawful and/or unconstitutional? That is what the Supreme Court will decide in Abbott v. Perez.

A number of persons and advocacy groups challenged the Texas Legislature’s 2011 state legislative and congressional redistricting plan claiming it discriminated against black and Hispanic voters in violation of the Constitution’s Equal Protection Clause and the Voting Rights Act.

A three-judge district court issued a remedial redistricting plan which the U.S. Supreme Court vacated in 2012. The district court then drew another remedial redistricting plan called plan C235. In plan C235 the court reconfigured nine challenged districts from the legislature’s 2011 plan but retained two districts, CD27 and CD35, without reconfiguration. In 2013 the state legislature ultimately adopted plan C235.        

The Supreme Court held 5-4 in Artis v. District of Columbia that “tolled” under 28 U.S.C 1367(d) means suspended or that the clock is stopped. The State and Local Legal Center (SLLC) filed an amicus brief arguing in favor of a different definition of “tolled.” Justice Ginsburg cited to the SLLC brief once in her majority opinion. Justice Gorsuch cited to it or discussed it four times in his dissenting opinion.   

A year after the fact, Stephanie Artis sued the District of Columbia in federal district court bringing a number of federal and state law claims related to her termination as a health inspector. It took the federal court over two and a half years to rule on her claims. It dismissed her sole federal claim and declined to exercise jurisdiction over her remaining state law claims.

28 U.S.C 1367(d) states that statutes of limitations for state law claims pending in federal court shall be “tolled” for a period of 30 days after they are dismissed (unless state law provides a longer tolling period).

In District of Columbia v. Wesby the majority of the Supreme Court ruled D.C. police officers had probable cause to arrest individuals for holding a “raucous, late-night party in a house they did not have permission to enter.” All nine of the Justices ruled in favor of granting qualified immunity to the police officers. The State and Local Legal Center (SLLC) filed an amicus brief in this case supporting D.C.  

Police were called to a home in D.C. around 1AM based on complaints of loud music and illegal activity. The house was dirty with no furniture downstairs except a few metal chairs. In the living room the officers found “a makeshift strip club”; they found “more debauchery upstairs.” While many partygoers said they were there for a bachelor party no one could identify the bachelor.

Two of the women working the party said that “Peaches” was renting the house and had given them permission to be there. Police officers called Peaches who told them she gave the partygoers permission to use the house. But she ultimately admitted that she had no permission to use the house herself; she was in the process of renting it. The landlord confirmed by phone that Peaches hadn’t signed a lease. The partygoers were charged with, but never prosecuted for, disorderly conduct.

In National Association of Manufacturers v. Department of Defense the Supreme Court held unanimously that a legal challenge to the definition of “waters of the United States” (WOTUS) must begin in a federal district court not a federal court of appeals. What this ruling means for the 2015 WOTUS definitional rule is unclear.  

As Justice Sotomayor stated at the beginning of the Court’s opinion, defining “[WOTUS]—a central component of the Clean Water Act—is a contentious and difficult task.” In 2015 the Obama administration issued a new WOTUS definitional rule which it intended to provide  “simpler, clearer, and more consistent approaches for identifying” the scope of the Act.