Chapter 1 of The Book of the States 2018 contains the following article and tables:

As of the end of July, U.S. Supreme Court Justice Anthony Kennedy is retired. For many state and local governments he will be forever remembered as the justice who championed allowing online sales tax collection.
In March 2015, Kennedy wrote that the “legal system should find an appropriate case for this Court to reexamine Quill,” which held that businesses without a physical presence in the state did not have to collect sales tax. In his last majority opinion on the bench, South Dakota v. Wayfair, the Supreme Court overturned Quill.

As of the end of July, Justice Anthony Kennedy is retired. For states and local governments he will be forever remembered as the Justice who championed allowing online sales tax collection.

In March 2015, Justice Kennedy wrote that the “legal system should find an appropriate case for this Court to reexamine Quill,” which held that businesses without a physical presence in the state did not have to collect sales tax. In his last majority opinion on the bench, South Dakota v. Wayfair, the Supreme Court overturned Quill.

Justice Kennedy was a pivotal Justice for most of his thirty year tenure on the Supreme Court. He often provided the Court’s crucial fifth vote on hot-button national issues. In Planned Parenthood v. Casey, Justice Kennedy blazed a middle path, writing part of the opinion that moved the Court slightly to the right while declining to overrule Roe v. Wade. In LGBTQ cases Justice Kennedy played a much more progressive role, writing for the majority to strike down a law allowing for same-sex discrimination and eventually striking down gay marriage bans in Obergefell v. Hodges.

By Tom Dowling and Leslie Haymon

On June 28, 2018, the Senate passed the Agricultural Improvement Act, its version of the Farm Bill, in a 86-to-11 vote with strong bipartisan support. Its passage paves the way for a conference committee to reconcile differences with the House’s version of the...

By Jud Adams

The House considered H.R.50, the Unfunded Mandates Information and Transparency Act of 2017, or UMITA, on July 13. Reforming the Unfunded Mandates Reform Act, or UMRA, has long been a ...

It is fairly rare for the Supreme Court to decide a family law case raising constitutional issues. The last noteworthy case meeting this criteria was Obergefell v. Hodges (2015) where the Court ruled same-sex couples have a constitutional right to marry. Sveen v. Melin isn’t as groundbreaking.  

In this case the Supreme Court held 8-1 that applying Minnesota’s revocation-on-divorce statute to a life insurance beneficiary designation made before the statute’s enactment does not violate the Constitution’s Contracts Clause.

Despite the fact that Washington v. United States wasn’t really decided and technically only affects one state, it is still an interesting case because Washington argues the lower court decision will cost it billions of dollars. Also, this decision comes on the heels of the Supreme Court’s recent grant in Murphy v. Royal. In this case the Tenth Circuit held that for the purpose of criminal prosecutions half of Oklahoma may be located on an Indian Reservation.  

In Washington v. United States the Supreme Court was supposed to decide whether a “fishing clause” in a treaty guarantees “that the number of fish would always be sufficient to provide a ‘moderate living’ to the tribes.” Instead the Court affirmed the Ninth Circuit ruling by an equally divide vote. Whenever the Supreme Court deadlocks in a case the lower court decision stands but it doesn’t have precedential value. Justice Kennedy was recused in this case.

Knowing the ins and outs of interacting with federal agencies is critical for state leaders. Many agencies are large, complex organizations whose sheer size and scope can make it difficult for state officials to know who to contact when problems and questions arise. These challenges can be especially acute when agencies are without key leadership personnel or during presidential transitions when information about who holds decision-making authority may be unclear or unavailable. Despite this, the business of government never stops and a successful relationship between state and federal officials can be an invaluable resource. Below are tips and best practices for building a successful state-federal relationship.

In a 7-2 decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission the Supreme Court reversed a ruling against the owner of a cake shop who refused to create a wedding cake for a same-sex couple because of his religious beliefs. The Court concluded the cake maker was entitled to but did not experience a “neutral decisionmaker who [gave] full and fair consideration to his religious objection.” The State and Local Legal Center (SLLC) filed an amicus brief in this case supporting Colorado.

Charlie Craig and Dave Mullins filed a complaint against Masterpiece Cakeshop claiming it violated Colorado's public accommodations law, which prohibits discrimination in public accommodations on the basis of sexual orientation, when it refused to create a wedding cake for them. The cake shop owner Jack Phillips explained:  “to create a wedding cake for an event that celebrates something that directly goes against the teachings of the Bible, would have been a personal endorsement and participation in the ceremony and relationship that they were entering into.”

Would it surprise you to learn that more than 750,000 people in Oklahoma, including most Tulsa residents, live on an Indian reservation? That isn’t exactly what the Tenth Circuit held in Murphy v. Royal. But it illustrates what is at stake in this case, which the Supreme Court will decide next term.  

Patrick Murphy killed George Jacobs. Oklahoma prosecuted Murphy. Per the Major Crimes Act states lacks jurisdiction to prosecute Native Americans who commit murder in “Indian country.” Murphy is Native American. Murphy and Oklahoma disagree over whether the murder took place on a Creek Nation reservation.

Pages