Government

The State and Local Legal Center (SLLC) has been waiting for this day for a long time. In Kisor v. Wilkie the Supreme Court will decide whether to overturn Auer deference to federal agencies.

In Auer v. Robbins (1997) the Supreme Court reaffirmed its holding in Bowles v. Seminole Rock & Sand Co. (1945) that courts must defer to a federal agency’s interpretation of its own regulations (even if that interpretation is articulated for the first time in an amicus brief during litigation).

State and local governments have long been critical of Auer deference of a number of reasons. First, it gives agencies a lot of authority in every area in which any agency regulates. Second, Auer deference negatively affects state and local governments because they are regulated by federal agencies and regulate in the same space as federal agencies.

The Court’s grant of this petition isn’t all that surprising. Neither will it be surprising if the Court overturns Auer deference. Recently, all five of the conservative Justices, except Justice Kavanaugh—perhaps only due to his short tenure on the Court, have either written or joined an opinion criticizing Auer deference or agency deference more generally.

During the 2018 CSG National Conference in Northern Kentucky - Greater Cincinnati, attendees will have the opportunity to participate in a day-long policy academy on Wednesday, Dec. 5, 8 a.m.- 5 p.m. to consider state options to implement gaming in their states following the recent Murphy decision by the U.S. Supreme Court. 

States and local governments have long been skeptical of the requirement that courts defer to agency interpretations of statutes because such deference gives unelected agencies a lot of power. In PDR Network, LLC v. Carlton & Harris Chiropractic Inc. the lower court required something worse: blind adherence to an agency order.

The Hobbs Act vests the federal courts of appeals with “exclusive jurisdiction” to “enjoin, set aside, suspend (in whole or in part), or to determine the validity of” certain orders made by the Federal Communications Commission (FCC) and orders of the Secretary of Agriculture, Secretary of Transportation, Federal Maritime Commission, Atomic Energy Commission, and others.

According to one lower court the Hobbs Act “promotes judicial efficiency, vests an appellate panel rather than a single district judge with the power of agency review, and allows uniform, nationwide interpretation of the federal statute by the centralized expert agency.”

In the latest twist in Virginia’s redistricting saga, Virginia House of Delegates v. Bethune-Hill, the Supreme Court must resolve a showdown between the Virginia House of Delegates and the Virginia Attorney General regarding who may litigate the case, among many other issues.

Plaintiffs, a number of Virginia voters, allege that the Virginia legislature engaged in unconstitutional racial gerrymandering when it constructed 12 majority-black Virginia House of Delegates districts during the 2011 redistricting cycle. More specifically, the plaintiffs argue that requiring each of these districts to contain a minimum 55% black voting age population (BVAP) was unnecessary for black voters to elect their preferred candidates per the Voting Rights Act. Plaintiffs claim this minimum was set to reduce the influence of black voters in other districts.

CSG Midwest
The Pew Charitable Trusts and the Chicago-based John D. and Catherine T. MacArthur Foundation teamed up in 2010 in the “Results First Initiative” to help states implement and make use of cost-benefit analyses. The goal was (and is) to help them identify policies and programs which evidence shows are working.
CSG Midwest

This year, the region's legislators tackled some of the nation's biggest issues, from school safety to labor shortages. Notable changes in state tax policy, gun laws, retirement systems and legislative pay also marked the 2018 legislative year.

The CSG Overseas Voting Initiative Working Group consists of 27 members representing 14 states and nine local election jurisdictions. Combined, these states and local jurisdictions transmitted 50.9 percent of the overall number of blank ballots sent to military and overseas voters by U.S. election jurisdictions.

In its first opinion of the term in Mt. Lemmon Fire District v. Guido the Supreme Court ruled 8-0 that the federal Age Discrimination in Employment Act (ADEA) applies to state and local government employers with less than 20 employees. The State and Local Legal Center (SLLC) filed an amicus brief arguing that it should not apply. State and local governments often rely on small special districts to provide services they don’t provide.  

John Guido was 46 and Dennis Rankin was 54 when they were laid off by the Mount Lemmon Fire District. They claim they were terminated because of their age in violation of the ADEA. They were the oldest of the district’s 11 employees. 

The fire district argued that the ADEA does not apply to it because it employs fewer than 20 people. The Ninth Circuit disagreed.

In Maryland-National Capital Park and Planning Commission v. American Humanist Association the Supreme Court will decide whether a local government has violated the First Amendment by displaying and maintaining a 93-year-old, 40-foot tall Latin cross memorializing soldiers who died in World War I.  

Prince George’s County citizens and an American Legion Post raised money to build the monument. In 1925 it was dedicated at a Christian prayer service. Over the years Christian religious services have been held at the cross.

In 1961 the Maryland-National Capital Park and Planning Commission took title of the land and the cross because it is located in the middle of a busy traffic median. The cross is part of a park honoring veterans. Other monuments are located anywhere from 200 feet to a half-a-mile from the cross. None are taller than 10 feet.

The repeal of net neutrality rules under the Obama administration has now been in effect for four months. During this time, states have re-enacted the rules at the state level, urged the federal government to reinstate the rules, and appealed the decision to a D.C. federal court. Net neutrality is the principle that internet service providers—including Verizon, AT&T, Spectrum, and others—should enable access to all content and applications regardless of the source, and without favoring or blocking particular products or websites.

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