In certain cities across the United States, there is a battle for broadband brewing in the halls of municipal and state legislatures. Currently, 19 states have laws in place that make it difficult for municipal governments to provide broadband service via public power utilities. Cities like Chattanooga, Tennessee and Wilson, North Carolina are petitioning the Federal Communications Commission (FCC) to preempt state laws that restrict the right to offer broadband.

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Earlier this year, Roll Call — the news source dedicated to covering Capitol Hill — ran a short headline that summed up much of U.S. policymaking today. "It’s the states, stupid,” the magazine declared. Gridlock continues to reign in the nation’s capital, with power divided among two political parties that have become more ideologically distinct and among members of U.S. Congress who have become more ideologically distant from one another. That contrasts with trends at the state level, where a single party now controls the governor’s office and both legislative chambers in close to 80 percent of state capitols. That is the highest rate of unified government in more than 50 years.

In Comptroller v. Wynne the Supreme Court will determine whether the U.S. Constitution requires states to give a credit for taxes paid on income earned out-of-state. 

Forty-three states and nearly 5,000 local governments tax residents’ income.  Many of these jurisdictions do not provide a dollar-for-dollar tax credit for income taxes paid to other states on income earned out-of-state.  A decision against Maryland’s Comptroller in this case...

On July 24, 2014, Representative Paul Ryan (R-WI-1), Chairman of the House Budget Committee, introduced a discussion draft outlining a plan to reform federal anti-poverty programs. Ryan’s Expanding Opportunity in America proposal aims to consolidate federal programs to reduce redundancy while also granting states more authority in the administration of federal programs in order to improve overall efficiency.

Bond v. United States could have been the biggest federalism rulings from the Supreme Court this term.  But it wasn’t.  Nevertheless federalism underlies the ruling in this narrow case.    

The significant question raised in Bond v. United States is whether the federal government can adopt a statute implementing a treaty that it would not otherwise have the authority to adopt. The Supreme Court did not answer that question.  Instead, it merely held that the Petitioner’s conduct in this case wasn’t covered by the statute.   

Carol Anne Bond, upon discovering her closest friend was pregnant with her husband’s child, placed chemicals on her car door, mailbox, and door knob in the hopes her friend would develop an uncomfortable rash.  Bond was charged with possessing and using a chemical weapon in violation of the Chemical Weapons Convention Implementation Act, which implements a chemical weapons treaty the United States ratified.

Federal Judge Rya Zobel issued a preliminary injunction yesterday overturning Gov. Deval Patrick’s ban of the sale of the FDA approved painkiller, Zohydro. She concluded “that the Commonwealth’s emergency order is preempted by federal law.” Further, she stated, "If the Commonwealth were able to countermand the FDA’s...

Just one day after Zogenix, the maker of the new painkiller Zohydro, filed a federal law suit challenging the Massachusetts ban of the drug, the first hearing was held Tuesday.  

U.S. District Court Judge Rya Zobel, according to the AP, indicated that the drug company may have a point....

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In a case involving management of a watershed hundreds of miles east of his state’s border, and that will be decided by a U.S. appeals court in Philadelphia, Kansas Attorney General Derek Schmidt has taken much more than a passing interest.
He is leading a coalition of states that have filed an amicus brief asking the federal court to reject the U.S. Environmental Protection Agency’s plan to require states in the Chesapeake Bay region to develop processes to reduce nutrient runoff (nitrogen, phosphorus and sediment).

Last week, a group of economists, through the Economic Policy Institute, released a letter urging the president and congressional leadership to raise the minimum wage. The federal minimum wage is currently $7.25 and hasn't been revised since 2009. The letter states: “July will mark five years since the federal minimum wage was last raised. We urge you to act now and enact a three-step raise of 95 cents a year for three years—which would mean a minimum wage of $10.10 by 2016—and then index it to protect against inflation.”

Alaska Rep. Craig Johnson’s greatest disappointment with politics today is the inability of policymakers to disagree without being enemies. That inability to get along in Washington, D.C., is creating problems in the states, Johnson and other members of The Council of State Governments’ leadership believe.

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