Capitol Comments

President Trump’s “2 for 1” executive order where for every federal regulation proposed two must be “identified” for repeal, unsurprisingly, has been criticized by some and applauded by others. Per the executive order, for every regulation added the cost of the new regulation must be offset by eliminating two regulations.

Those who are for the executive order argue it will be good for the economy. Those who are against it argue most regulations exist for good reason and eliminating regulations like “limiting lead in drinking water and cutting pollution from school buses” will harm Americans. Those opposing the executive order also argue it is arbitrary to eliminate regulations based solely on cost without considering benefit.

The authors of Searching for Scalia evaluated who on President Trump’s list of potential nominees to replace Justice Scalia’s seat on the Supreme Court would be most like Justice Scalia—the originalist, the textualist, and, most importantly, the conservative. The winner:  Supreme Court nominee Judge Neil Gorsuch! 

While just one case is too few to judge any Supreme Court nominee, one case in particular gives states and local governments a reason to be excited about this nomination. Last year Judge Gorsuch (strongly) implied that given the opportunity the U.S. Supreme Court should overrule Quill Corp. v. North Dakota (1992). In Quill the Supreme Court held that states cannot require retailers with no in-state physical presence to collect sales tax. 

This Week in Education: 5 Things to Know

1.Secretary Designate Betsy DeVos approved by Senate HELP Committee

The Senate Committee on Health, Education, Labor and Pensions (HELP) on Tuesday morning approved Betsy DeVos’s nomination to lead the US Department of Education.

DeVos was confirmed 12-11 along party lines. Her nomination will now go to the Senate floor, where she’ll need only need a simple majority to be confirmed.

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.

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