Federalism

In Christie v. National Collegiate Athletic Association the Supreme Court will decide whether the 1992 Professional and Amateur Sports Protection Act (PASPA) prohibition against state-sanctioned sports gambling is unconstitutional commandeering.

New Jersey first amended its constitution to allow some sports gambling and then passed a law repealing restrictions on sports gambling. In both instances New Jersey Governor Chris Christie was sued for violating PASPA. In both cases Christie responded that PASPA unconstitutionally commandeers states in violation of the Tenth Amendment.

In Pavan v. Smith, a per curiam (unauthored) decision heard without briefing or oral argument, the U.S. Supreme Court reversed an Arkansas Supreme Court judgment that an Arkansas statute, which allows only the biological mother of a child born to a same-sex married couple to be listed on the birth certificate, is constitutional.

Terrah and Marisa Pavan married in New Hampshire in 2011, and Terrah gave birth to a child in Arkansas in 2015. The Arkansas Department of Health issued a certificate bearing only Terrah’s name based on a provision of the Arkansas code specifying that “[i]f the mother was married at the time of either conception or birth . . . the name of [her] husband shall be entered on the certificate as the father of the child.” This provision applies even if a child is conceived through artificial insemination, as the Pavan’s daughter was, and it is impossible that the mother’s husband is the child’s biological father.

This eCademy webinar will provide an overview of the challenges and successes of the new presidential administration and the 115th Congress in pursuing their legislative agendas and what lies in the road ahead. We will analyze both what has been accomplished and what has failed and the political dynamics underlying the approach to governing.

President Trump has proposed several options for tax reform, including significant changes to personal income taxes. According to recent analysis by the...

Regulatory reform has been a major theme of President Donald Trump’s administration and a longstanding priority of The Council of State Governments. CSG often hears from state leaders that when it comes to Washington, D.C., states are treated like stakeholders rather than partners.

In Expressions Hair Design v. Schneiderman the Supreme Court held unanimously that a New York statute prohibiting vendors from advertising a single price and a statement that credit card customers must pay more regulates speech under the First Amendment. The State and Local Legal Center (SLLC) filed an amicus ...

CSG Midwest
Federal laws and regulations on the environment often serve only as a “floor,” with states having the leeway to enact tougher rules or statutes of their own. However, some state legislatures and governors have adopted measures (either state laws or executive orders) designed to rein in the actions of their own environmental agencies. Most recently, in February, Indiana’s HB 1082 became law. It applies to any Department of Environmental Management rule that is “more stringent than a restriction or requirement imposed under federal law” or “applies in a subject area in which federal law does not impose a restriction or requirement.”

In the first month of the new single party control of the federal executive and legislative branches, a little known 1996 law called the Congressional Review Act has become one of the most discussed issues. 

Voting on H.J. Res. 66 and H.J. Res. 67 took place Wednesday afternoon, February 15, on the House Floor. These joint resolutions passed to roll back rules set in place in August and December 2016, respectively, by the Department of Labor, or DoL. The DoL rules allowed state and local governments flexibility in creating a marketplace of retirement options for employees of the private sector that otherwise could be interpreted as unallowable by the Employee Retirement Income Security Act of 1974 (ERISA). If approved by the Senate and signed by the president, the DoL rules will then hold no force or effect and programs could be unallowable under the preemption of ERISA statute.

The Council of State Governments has released its annual listing of the top five issues legislators will face this session in nine key policy areas, including education, workforce development, energy and the environment, federal affairs, fiscal and economic development, health, interstate compacts, transportation, and international affairs.

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