Policy Area

This case would have been a lot more interesting had it gone the other way. In an unanimous decision the Supreme Court held in Dawson v. Steager that West Virginia violated a federal statute by taxing all the retirement benefits of former federal law enforcement employees but not certain state law enforcement employees.

4 U.S.C. § 111 allows states to tax the pay of federal employees only “if the taxation does not discriminate . . . because of the source of the pay or compensation.” James Dawson, a former U.S. Marshal, sued West Virginia alleging it violated this statute because it taxed his pension but not the pensions of certain state law enforcement employees. The West Virginia Supreme Court found no discrimination because relatively few state employees received the tax break and the statute’s intent was to benefit those state retirees not harm federal retirees.

In a unanimous decision in Timbs v. Indiana the Supreme Court held that the Eighth Amendment’s Excessive Fines Clause is “incorporated” or applicable to the states and local governments.

The State and Local Legal Center (SLLC) amicus brief argued for the opposite result. In the alternative, the brief argued that the forfeiture in this case isn’t unconstitutionally excessive. The Supreme Court didn’t reach the latter question. This case will make it possible for criminal defendants in all 50 states to challenge forfeitures as excessive under the federal constitution.

In an unauthored opinion in Moore v. Texas II the Supreme Court concluded Bobby James Moore has intellectual disability. In Atkins v. Virginia (2002) the Supreme Court held that persons with intellectual disability can’t be executed.

As the dissenting Justices point out, the Supreme Court typically opines whether a lower court has correctly applied as a standard and sends the case back to the lower court if it didn’t. The Supreme Court usually doesn’t apply the standard itself. It may have done so in this case because it previously held the Texas Court of Criminal Appeals failed to correctly apply the intellectual disability standard to Moore in Texas v. Moore (2017) (Moore I).

By
Guest

On Jan. 14, the U.S. Department of Justice issued a memo that reinterpreted a 1961 law designed to combat organized crime involvement in gambling. The Wire Act of 1961 specifically applies to anyone “in the business of betting or wagering” who “uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest.” Evolving telecommunications technology raised questions about the law’s applications, especially once online lottery sales became feasible.
In 2009, the New York State Lottery Division and then-Illinois Gov. Pat Quinn wrote to the DOJ separately to ask for clarification concerning interstate transmission of lottery data. New York argued that all lottery tickets would be bought and sold within the state, but that transaction data may be rerouted to data centers in other states to deal with heavy network traffic and weather issues. They also pointed out that New York had used this system since 2005, and over 40 state lotteries used similar systems. Quinn explained that their state lottery was a pilot program implemented to avoid “an unprecedented fiscal crisis,” and the program was “a key part of the State’s strategy to address this crisis and raise additional revenue to fund critical state programs…”

CSG Midwest
Within weeks of being sworn into office, two of the Midwest’s newly elected governors took action on gun legislation, though the two measures have very different aims. South Dakota’s SB 47 was the first bill signed into law by Gov. Kristi Noem. It allows individuals to carry a concealed handgun without a permit. South Dakota joins two other Midwestern states (Kansas and North Dakota are the others) with so-called “constitutional carry” laws, according to the National Rifle Association. South Dakota still has restrictions on who can carry a concealed weapon, The (Sioux Falls) Argus Leader reports, and individuals may still want a permit for reciprocity with other states.
CSG Midwest
The Midwest is expected to lose three congressional seats and electoral college votes — and maybe more — during the nation’s next reapportionment, the political consulting firm Election Data Services notes in its most recent analysis of population trends.
The firm’s findings are based on U.S. Census Bureau estimates from December. That data show Illinois, Michigan and Minnesota losing one seat each. Ohio also loses one when trends are projected to 2020 — the year when populations are calculated to determine each state’s number of U.S. House seats. These numbers also impact the distribution of federal funds to states and local communities.
CSG Midwest
With few exceptions, the Midwest’s legislatures have more women serving in them this year than in 2018. And in six of the region’s states — Illinois, Indiana, Michigan, Nebraska, North Dakota and Ohio — the numbers are at historic highs.
Why the jump? Why is there a gender gap in politics? What kind of effect does more female representation have on policymaking? Those questions have been the subject of much political science research over decades, and the answers are sometimes simple, sometimes complex. Here is what CSG Midwest learned in a interview with Debbie Walsh, director of the Center for American Women and Politics at Rutgers University.
CSG Midwest
The opioid crisis in Ohio has made the need for foster care families greater than ever, and the state launched a new website and public awareness campaign in January to get more children placed in safe, loving homes. Ohio has nearly 16,000 children in the custody of county children services agencies. Since 2013, the number of children entering the state’s foster care system has risen 24 percent. Many of these individuals are quite young —17 percent of the foster care population is under 12 months of age and 35 percent is 3 years old and younger.
CSG Midwest
By July of next year, a practice in Ohio’s commercial harbors will no longer be allowed — the dumping of dredged materials into the open waters of Lake Erie. This ban is the result of a bill passed by the legislature in 2015 (SB 1), and is part of the state’s broader efforts to keep excess nutrients from entering the shallowest of the Great Lakes, causing harmful algal blooms and degrading water quality.
The legislative action from four years ago, along with subsequent funding commitments, has led to an unprecedented effort in the state to find beneficial uses of these materials — the rock, sand, gravel, mud and clay removed from the bottom of shipping channels to keep them safe for navigation.
CSG Midwest
The U.S. Tax Cuts and Jobs Act, which became law in December 2017, included a $10,000 cap on the deductibility of state and local taxes from federal taxes, the so-called “SALT deduction.” Prior to the 2018 tax year, there was no cap on the deductibility of state and...

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