Capitol Comments

In July the Department of Justice (DOJ) added two new requirements for states and local governments to receive federal Edward Byrne Justice Assistance Grants (Byrne JAG) for law enforcement funding. Chicago sued Attorney General Jeff Sessions arguing that these new requirements and another requirement are unlawful and/or unconstitutional. An Illinois federal district court granted Chicago’s request for a nationwide preliminary injunction temporarily disallowing DOJ from imposing the two new requirements.     

Congress created Byrne JAG in 2005 to provide “flexible” funding for state and local police departments. In April 2017 DOJ required Chicago (and eight other jurisdictions) to provide documentation that it complies with 8 U.S.C. 1373, which prohibits states and local governments from restricting employees from sharing immigration status information with federal immigration officials.

Following its predictable loss before the South Dakota Supreme Court, South Dakota is expected to ask the U.S. Supreme Court to rule that its law requiring out-of-state retailers to collect sales tax is constitutional. Doing so will require the U.S. Supreme Court to take the unusual step of overruling precedent.  

In Quill Corp. v. North Dakota, decided in 1992, the Supreme Court held that states cannot require retailers with no in-state physical presence to collect sales tax.

In Christie v. National Collegiate Athletic Association New Jersey Governor Chris Christie argues that because the Professional and Amateur Sports Protection Act (PASPA) prohibits the state from repealing laws restricting gambling it amounts to unconstitutional commandeering. The State and Local Legal Center (SLLC) filed an amicus brief supporting Christie.

PASPA, adopted in 1992, makes it unlawful for states and local governments to authorize gambling.

In Christie v. National Collegiate Athletic Association New Jersey Governor Chris Christie argues that because the Professional and Amateur Sports Protection Act (PASPA) prohibits the state from repealing laws restricting gambling it amounts to unconstitutional commandeering. The State and Local Legal Center (SLLC) filed an amicus brief supporting Christie.

PASPA, adopted in 1992, makes it unlawful for states and local governments to authorize gambling.

Since his Presidency began President Trump has been rolling back (or trying to roll back) many of the actions of President Obama. Sometimes (at least in theory) it is easier (practically if not politically) to do this than other times.

The Deferred Action for Childhood Arrivals (DACA) program allowed undocumented persons who arrived in the United States before age 16 and have lived here since June 15, 2007, to stay, work, and go to school in the United States without facing the risk of deportation for two years with renewals available.  

DACA was established through a Department of Homeland Security (DHS) Memorandum during the Obama presidency. Getting rid of a statute requires action by Congress or the U.S. Supreme Court. Getting rid of regulations requires going through the Administrative Procedures Act lengthy notice-and-comment process. Getting rid of an agency memorandum requires issuing a superseding memorandum, which DHS has done.    

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