Government

The Supreme Court issued a 4-4 ruling in Dollar General Corporation v. Mississippi Band of Choctaw Indians. The Court’s decision leaves in place the Fifth Circuit’s ruling that in some instances nonmembers of Indian tribes (including state and local governments) can be sued in tribal court (as opposed to state or federal court) for tort (civil wrongdoing) claims.

John Doe, a thirteen-year-old tribe member, alleges that his supervisor sexually molested him while he was working as part of a job training program at a Dollar General located on a reservation. Doe sued Dollar General in tribal court alleging a variety of torts including negligent hiring, training, and supervision.

The Supreme Court split 4-4 in United States v. Texas on whether the President’s deferred action immigration program violates federal law. As a result, the Fifth Circuit’s nationwide temporary stay of the program remains in effect. Next, a trial court may rule on whether the program should be permanently stayed.    

The Deferred Action for Parents of Americans (DAPA) program allows certain undocumented immigrants who have lived in the United States for five years and either came here as children or already have children who are U.S. citizens or permanent residents to lawfully stay and work temporarily in the United States. About 5 million people are affected.

Twenty-six states sued the United States. The Fifth Circuit granted them a nationwide temporary injunction preventing the program from going into effect. The states appealed to the Supreme Court on a variety of grounds.  

Now it is as if this case never went to the Supreme Court.

Puerto Rico, home of 3.5 million American citizens, is struggling to handle over $72 billion in debt. For many years, the U.S. territory borrowed money by issuing municipal bonds to compensate for declining government revenue. But now Puerto Rico cannot afford to pay back their investors. The territory cannot file for Chapter 9...

On June 7, Tennessee Senate Majority Leader Mark Norris, who served as the 2014 CSG national chair, testified before the U.S. Senate Environment and Public Works Subcommittee on Superfund, Waste Management and Regulatory Affairs at a hearing regarding “Oversight of EPA Unfunded Mandates on State, Local, and Tribal Governments.” The hearing was a continuation of the subcommittee’s oversight of the Environmental Protection Agency’s rulemaking process and examined the agency’s compliance with the Unfunded Mandates Reform Act, or UMRA, and the impact of unfunded mandates on state, local and tribal governments. 

This theory may help states at least indirectly in some instances.  

Fraud against the federal government is a problem for the states in particular when the fraud involves money taken from a federal-state program like Medicaid, which is what was alleged to have happened in Universal Health Services v. U.S. ex. rel. Escobar. The Supreme Court adopted a new theory of liability under the False Claims Act in this case. 

There are two ways of looking at this case, both of which are hard to argue with: state aid to religious organizations means less money for secular causes, and all preschool students should have access to safe playgrounds no matter where they go to school.

In Trinity Lutheran Church of Columbia v. Pauley the Supreme Court will decide whether Missouri can refuse to allow a religious preschool to receive a state grant to resurface its playground based on Missouri’s “super-Establishment Clause.”    

The Missouri Department of Natural Resources (DNR) offers grants to “qualifying organizations” to purchase recycled tires to resurface playgrounds. The DNR refused to give a grant to Trinity Church’s preschool because Missouri’s constitution prohibits providing state aid directly or indirectly to churches.

The majority of the state constitutions contain “Blaine Amendments” or “super-Establishment Clauses” whose prohibitions against aid to churches and religious schools exceed the requirements of the federal Establishment Clause.     

On Tuesday, voters in California approved a constitutional amendment allowing the legislature to suspend members without pay with a two-thirds majority vote.  Proposition 50, which received support from 75 percent of voters, was billed by supporters as an important anti-corruption measure that would keep suspended legislators from receiving salaries, pensions, and other benefits and privileges associated with holding office.  The impetus for the measure came after the legislature was unable to suspend the salaries and benefits of three former lawmakers who were indicted on criminal charges. 

The chaos that unfolded with the 2000 presidential election transformed election administration in the United States. Most jurisdictions used federal money to purchase new voting machines, and guidelines were created to make the voting process more reliable. But that was almost 16 years ago. Technology has advanced, and the machines purchased at that time continue to age. State and local governments across the country are trying to figure out how to get new equipment with little money.

The U.S. Senate will begin full consideration this week on its version of the fiscal 2017 National Defense Authorization Act approved by the Senate Armed Services Committee, two weeks after the House passed its final version of the massive defense policy bill.

Per federal employment discrimination laws timelines are short and decisive. If an employee misses a deadline his or her case is over. In Green v. Brennan the Supreme Court chose a deadline for constructive discharge cases, where an employee feels compelled to quit due to intolerable working conditions, more favorable to employees.

More specifically, in a 7-1 decision the Court held that the clock begins to run on when an employee must start the process of bringing a constructive discharge case after the employee resigns not after (the earlier date of) the employer’s last discriminatory act.

Pages