Government

Chapter 10 of The Book of the States 2018 contains the following tables:

Chapter 8 of The Book of the States 2018 contains the following tables:

The three themes that dominated the third day of Judge Kavanaugh’s confirmation hearings were the same three topics discussed at length the day before:  executive power, abortion, and gun rights. Executive power received the most attention.

Making headlines were Senator Booker’s release of “committee confidential” Kavanagh emails discussing abortion and racial-profiling before they were cleared for release to the public, Judge Kavanaugh’s refusal to say whether he thinks Roe v. Wade was decided correctly, and his refusal to condemn President Trump’s attacks on the judiciary.  

Issues related to state and local governments received a little attention, including judicial deference to federal agencies, which was discussed a number of times the day before.

A national, nonpartisan group formed just five years ago has been busy organizing young policymakers at the state and national level to bring change in government.
In fall 2013, as opinion polls ranked partisanship as a top threat to democracy, as a government shutdown loomed and as the approval ratings of members of Congress and state governments dropped, a group known as the Millennial Action Project launched with a goal to look forward to the next generation of government leaders.
Steven Olikara, founder and president of the Millennial Action Project, said the group wanted to address how the millennial generation would do things differently. Would they transcend the partisan divide to build a better governing system?

If you were interested in the views of protesters, the details of the Federalist papers, Judge Kavanaugh’s most difficult job (working construction at age 16), and a broad ranging discussion of executive power, day two of Judge Kavanaugh’s confirmation hearings weren’t disappointing.

But if you were interested in knowing Judge Kavanaugh’s views on issues of importance to state and local governments you may have been disappointed. Generally, Supreme Court nominees give little away about their actual views on the law. Judge Kavanaugh was no exception. But he also wasn’t asked many hard hitting questions on legal issues of importance to state and local governments--with the exceptions of the expected questions on abortion and gun rights.

Herrera v. Wyoming is a case of dueling Supreme Court precedent.

Clayvin Herrera, a member of the Crow tribe, shot an elk in Big Horn National Forest in Wyoming. He was charged with hunting without a license during a closed season. Herrera claims that an 1868 treaty giving the Crow the right to hunt on the “unoccupied lands of the United States” allowed him to hunt on this land.

In Herrera v. Wyoming the Supreme Court will decide whether Wyoming's admission to the Union or the establishment of the Big Horn National Forest abrogated the Crow’s treaty right to hunt in Big Horn National Forest.

State sovereignty is front and center in Franchise Tax Board of California v. Hyatt. This case is before the U.S. Supreme Court for (possibly a record-breaking) third time. This time the Supreme Court will decide whether to overrule Nevada v. Hall (1979), which permits a state to be sued in the courts of another state without its consent. In Hyatt II (2016), the Supreme Court deadlocked 4-4 on this question shortly after Justice Scalia died.   

By Briana Bell

The National Flood Insurance Program, or NFIP, began in 1968 and has since focused on providing insurance to high-risk flood communities. The program, although intended to mitigate the financial effects of floods, has come under criticism from some who believe the...

The nomination of Judge Brett Kavanaugh to the Supreme Court has touched off a battle between Republicans eager to reshape the court by moving Justice Anthony Kennedy’s “swing seat” to the right and Democrats desperate to ensure that any change is minimal. Much of the national conversation on a “Justice” Kavanaugh centers around his potential views on the social issues for which Kennedy was the swing vote, particularly abortion and overturning Roe v. Wade. Kavanaugh is something of an enigma on the issue: He stated at his confirmation hearing for the D.C. Circuit Court of Appeals that he was bound by Roe v. Wade as precedent. But he named Chief Justice Rehnquist (who dissented in Roe) as a judicial hero, and he voted to uphold restrictions on abortion in certain situations while on the lower court.

The two governorships up for election in the year following a presidential election are the first statewide electoral indicators of mood following a presidential election. If they draw media coverage beyond their regions, it is often for this reason. The 2017 races drew particular attention this time around because they were the first top-of-the-ballot statewide elections following the inauguration of President Donald Trump in January 2017. With no U.S. Senate candidates on the ballot in 2017, the races for governor became major measures of voter sentiment toward the president.

Neither state had an incumbent running for office. Virginia’s governors are prohibited from serving consecutive terms, and New Jersey’s governors are limited to two consecutive terms, which meant that Gov. Chris Christie (R) could not run in 2017.

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