Government

CSG South

As the 2020 legislative cycle approaches, legislators across the South are preparing and pre-filing legislation to address emerging and relevant policy issues in their states. With its regional focus, the Southern Legislative Conference (SLC) is uniquely positioned to identify and research current and emerging policy issues and trends. This report was prepared by Anne Roberts Brody, policy and program manager, and Roger Moore and...

For the last 50 years the Supreme Court has leaned right. But there has always been an unreliable conservative “swing” Justice at the center of the Court. First, Justice Powell, then Justice O’Connor, next Justice Kennedy, and most recently (and very briefly) Chief Justice Roberts.

If Judge Amy Coney Barrett is confirmed the Court is likely to have five reliable conservative votes in the big, controversial cases (Thomas, Alito, Gorsuch, Kavanaugh, and Coney Barrett). Chief Justice Roberts’ vote will no longer matter, and...

Unless something surprising happens, Judge Amy Coney Barrett is expected to take the bench before the Supreme Court hears the most recent challenge to the constitutionality of the Affordable Care Act on November 10. But before she is confirmed the Court will hear 10 cases in its October siting with only eight Justices on the bench.

At least four of those cases are of interest to states and local governments. The State and Local Legal Center (SLLC)...

CSG Midwest
A requirement on where legislatures “shall meet” is a common element of state constitutions. This year, that language demanded an unusual amount of attention among state legislative leaders, as they grappled with ways to protect the health of members while still conducting the business of their state during a pandemic.
According to research done by the Midwestern Office of The Council of State Governments (including a survey of most of the region’s legislative service agencies), at least eight of the Midwest’s 11 states have constitutional provisions on where legislatures must meet and hold sessions.

History will remember Justice Ginsburg as a glass ceiling smasher, a feminist, a liberal, a dissenter, and an icon. States and local governments will also remember something subtler about her which was more visible in the Court’s lower profile cases. And that was her pragmatism.

Perhaps the most important case for states and local governments where Justice Ginsburg demonstrated this quality is South Dakota v. Wayfair. She was the sole liberal...

President Trump’s memoranda on anarchist cities, while generating significant criticism, does not take federal money away—yet. If the federal government actually tries to do so, affected jurisdictions will...

Since April 2020 the Supreme Court has handled numerous emergency requests related to COVID-19. Requests involving stay-at-home orders and judge-made changes to elections laws are of most interest to states and local governments. The trends in both categories of cases is clear but the reasons are murky. Oftentimes none of the Justices announce, much less explain, their vote.

In these emergency requests the challenger isn’t asking the Supreme Court to decide the case on the merits. Instead, it is either asking the Supreme...

The City of Philadelphia refused to contract with Catholic Social Services (CSS) to place foster care children because CSS wouldn’t work with same-sex couples. Philadelphia requires all foster care agencies to follow its “fair practices” ordinance, which prohibits sexual orientation discrimination in public accommodations.

The main question in Fulton v. City of Philadelphia is whether Philadelphia has violated the...

CSG Midwest
While not technically an occupational license, the certification of police officers is required in most states. The International Association of Directors of Law Enforcement Standards and Training defines certification as “the process by which law enforcement officers are licensed in their respective jurisdictions, establishing the satisfaction of selection, training and continuing performance standards.”
In most states, police officer standards and training (POST) commissions establish these standards and carry out certification. They also are responsible for decertification.
Nearly all U.S. states, including all 11 in the Midwest, have existing statutory authority to certify or decertify, according to Roger Goldman, a law professor at Saint Louis University and leading researcher on this issue. (The states without such authority are California, Massachusetts, New Jersey and Rhode Island.)
CSG Midwest
States are accustomed to working together and helping one another through times of crisis or natural disasters. Between 2016 and 2019 alone, via the congressionally authorized Emergency Management Assistance Compact, more than half of the U.S. states requested assistance from others. Every state but one provided help to another state during this time. In all, more than 29,000 personnel were deployed to states in need of help.
But the COVID-19 pandemic of 2020 has brought challenges to states that they have not previously faced. That includes how to facilitate interstate cooperation and support.

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