Federalism

In an amicus brief in Gamble v. United States, the State and Local Legal Center (SLLC) asks the Supreme Court not to overrule the “separate sovereigns” exception to the Double Jeopardy Clause. This exception allows states and the federal government to convict and sentence a person for the same conduct.

Gamble was prosecuted for and convicted of possession of a firearm by a convicted felon under both Alabama and United States law. His challenge to the “separate sovereigns” exception is unsurprising given that Justice Thomas joined Justice Ginsburg’s concurring opinion in Puerto Rico v. Sanchez-Valle (2016), which suggested the Court do a “fresh examination” of the “separate sovereigns” exception. These Justices are on opposite ends of the ideological spectrum and typically don’t vote together in close cases. 

In Sanchez-Valle the Court held that the Double Jeopardy Clause bars both Puerto Rico and the United States from prosecuting a person for the same conduct under equivalent criminal laws. Puerto Rico isn’t a sovereign distinct from the United States because it derived its authority from the U.S. Congress.

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.

The legal issue in Guido v. Mount Lemmon Fire District could not be simpler; but the law is tricky. In this case the Supreme Court will decide whether 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) amicus brief argues it should not.

John Guido was 46 and Dennis Rankin was 54 when they were terminated by the Mount Lemmon Fire District due to budget cuts. 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 argues that the ADEA does not apply to it because it employs fewer than 20 people.

CSG Midwest
With a case on federalism and the authority of states to allow for sports betting before the U.S. Supreme Court this term, several related bills have been introduced in capitols across the Midwest.

The Speaker’s Task Force on Intergovernmental Affairs, a bipartisan group of Congressional lawmakers met on October 12, to examine the historical development of federalism. Witnesses were Heather Gerken, Dean at Yale Law School, Timothy Conlan, Professor of Government at George Mason University, and Matthew Spalding, Associate Vice President and Dean of Educational Programs for Hillsdale College.

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