Government

Delaware’s Constitution requires that three state courts be balanced between the two major political parties. The main question before the Supreme Court in Carney v. Adams is whether this scheme violates the First Amendment. In an amicus brief the State and Local Legal Center (SLLC) argues it does not.  

Per Delaware...

The question the Supreme Court will decide in McGirt v. Oklahoma may sound familiar: “whether the prosecution of an enrolled member of the Creek Tribe for crimes committed within the historical Creek boundaries is subject to exclusive federal jurisdiction.” The Supreme Court agreed to decide this very same question last term in Sharp v. Murphy. But the Court didn’t...

Delaware’s Constitution requires that three state courts be balanced between the two major political parties. The main question before the Supreme Court in Carney v. Adams is whether this scheme violates the First Amendment.

Per Delaware’s Constitution no more than half of the members of the Delaware Supreme Court, Superior Court, or Chancery Court may be of the same major political party.

Delaware attorney James Adams wants to be a...

CSG Midwest
It’s a word and a power of the legislative branch most commonly associated these days with removing a U.S. president from office. But “impeachment” not only appears in nearly all of the nation’s state constitutions, its inclusion in them — as a check against overreach or abuses of power by state-level executive and judicial branches — predated the writing of the U.S. Constitution.
“Ten of the 12 state constitutions at the time already had impeachment language in them,” notes Frank Bowman, a professor at the University of Missouri School of Law.
The reason: The drafters of those state constitutions were well-versed in English history, and aware of how and why Parliament used the threat of removing a monarch’s ministers from office as a way to curb abuses of power.

Following Thompson v. Hebdon states with low individual-to-candidate or individual-to-group campaign contribution limits may want to review their constitutionality.

In a per curiam (unauthored) opinion the Supreme Court instructed the Ninth Circuit to decide again whether Alaska law, which limits the amount an individual can contribute to a candidate for political office or to an election-oriented group other than a political party...

CSG Midwest
After years of trying, Iowa lawmakers and others wanting to tweak or completely replace a decades-old system of selecting state Supreme Court judges were able to proclaim legislative victory in 2019. But as of early October, they still needed some wins in court to ensure the change.
At issue is Iowa’s 57-year-old merit-based selection process: State supreme court justices are appointed by the governor, whose choices are limited to a list of three candidates submitted by a judicial nominating commission. Four other Midwestern states also use some form of merit selection.

When the lines are long and the protesters loud, predicting the path the Supreme Court might take is a perilous practice. Especially if the Justice who voted most in the majority last term—Justice Kavanaugh—is nearly silent.

And yet…when the lawyer arguing that gender identity is covered under Title VII, David Cole, spends most of him time explaining how the case the Court will decide after he wins should be decided—it is hard to suspect his hasn’t already won.

Chapter 10 of The Book of the States 2019 contains the following tables:

Chapter 8 of The Book of the States 2019 contains the following tables:

Chapter 5 of The Book of the States 2019 contains the following tables:

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