Capitol Comments

Town of Chester v. Laroe Estates involves a long, complicated story and legal issue.

Steven Sherman sued the Town of Chester alleging an unconstitutional taking as the town refused to approve a subdivision on plots of land Sherman intended to sell to Laroe Estates. Laroe Estates advanced Sherman money for the land in exchange for a mortgage on the property. Sherman defaulted on a loan to a senior mortgage holder who...

On February 10th, Education Secretary Besty DeVos issued a letter to Chief State School Officers that addressed a number of ongoing efforts related to the Every Student Succeeds Act, or ESSA, and its associated state plans and regulations. The letter is written in response to uncertainty as a result of the White House Chief of Staff’s January 20th memo ordering a freeze to all pending regulations, as well as Congressional efforts to repeal the regulations issued by the Obama Administration.

On Tuesday, Feb. 7, the U.S. Senate confirmed President Donald Trump’s nomination of Betsy DeVos as secretary of the U.S. Department of Education with a 51-50 vote. What should states expect in education policy under Secretary DeVos and the Trump administration?

In District of Columbia v. Wesby the Supreme Court will decide whether, when the owner of a vacant house informs police he has not authorized entry, an officer assessing probable cause to arrest those inside for trespassing may discredit the suspects' claims of an innocent mental state.

Facts similar to those in this case may not arise very often. But police officers must assess claims of innocence in numerous other instances (theft, assault, even homicide). 

As President Trump’s Cabinet nominees continue to move through the confirmation process it is encouraging to see ten former state officials among them.  

Early Friday, Feb. 10, Dr. Tom Price was confirmed by the Senate in a 52 to 47 vote as the new secretary of the Department of Health and Human Services. The Representative from Georgia, an orthopedic surgeon by trade, moved into politics when he first ran for the Georgia State Senate in 1996 and then moved on to Congress in 2004.

“The role of the Department in improving lives means it must carry out its responsibilities with compassion. It also must be efficient, effective, and accountable, as well as willing to partner with...

On February 9 the Ninth Circuit refused to stay a district court’s temporary restraining order disallowing the President’s travel ban from going into effect. The executive order prevents people from seven predominately Muslim countries from entering the United States for 90 days.

Washington and Minnesota sued President Trump claiming their public universities are harmed because students and faculty of the affected countries cannot travel for research, academic collaboration, or personal reasons.

The government argued that the President has “unreviewable authority to suspend admissions of any class of aliens.” The Ninth Circuit disagreed stating: “There is no precedent to support this claimed unreviewablity, which runs contrary to the fundamental structure of our constitutional democracy.” 

Today President Trump attended the swearing in of attorney general Jeff Sessions and signed three Executive Orders related to crime. 

A majority of election voting systems deployed in states and local jurisdiction in states and local jurisdictions in the United States are at least 10 years old and coming to an end of their effectiveness, according to the Brennan Center for Justice. Many state governments purchased new machines under the Help America Vote Act, or HAVA, signed into law by President George W. Bush in 2002 after...

Growing teacher shortages across states continue to worsen, just as student enrollment is projected to increase by 3 million over the next 10 years, according to the Learning Policy Institute. Elaine Wynn, president of the Nevada State Board of Education, described the situation in her state as a human resource crisis. “We’re all going to sink,” Wynn told the Las Vegas Sun. “This is horrific.”

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