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BNSF Railway, one of the largest freight railroad networks in North America, is facing a claim that it violated the Americans with Disabilities Act when it refused to hire an obese applicant. BNSF’s motion for a summary judgment—a request for the court to rule that the other party has no case—was denied by Judge Sharon Johnson Coleman in...

It’s been just over a year since the American Society of Civil Engineers (ASCE) gave the nation’s infrastructure an overall grade of D+ in its once-every-four-years Infrastructure Report Card. Recent months have brought plenty of new evidence of the challenges states face in bringing that grade up but also some positive signs that progress can be and is being made.

On June 12, Maine will become the first state to let residents rank their voting choices in their primary election choices for U.S. Senate, U.S. Congress, Governor, State Senate, and State Representatives.  The June 12th election will also allow a “people’s veto” of sorts that would overrule previous state legislation and permit ranked-choice voting again in the November 2018 general election. Ranked-choice voting is a process in which voters would rank candidates in order of preference, if no one candidate receives more than 50 percent of the vote after the first count, the candidate with fewest votes is eliminated. Voters who chose the eliminated candidate would then have their ballots added to the totals of their next-ranked candidates and the votes would be recounted. This process would continue until one candidate has a clear majority.

If the first couple of months of 2018 are any indication, states are still anxious to make sure they get a piece of the action as the development and deployment of driverless cars proceed in the years ahead. I have updates on new executive orders in Arizona and Ohio, newly approved regulations in California, legislation under consideration in Indiana and Nebraska and a newly formed advisory council in Minnesota, among other state developments around the country. Also, updates on federal guidance on autonomous vehicles and the status of federal legislation. Plus, a plethora of links to articles on the latest industry and technology developments, shifting public opinion on autonomous vehicles and how cities can prepare for the autonomous future.

On Monday, the Supreme Court handed down an unanimous opinion allowing the federal government to pursue claims in ongoing litigation between Texas and New Mexico regarding the Rio Grande Compact.

In 1938, Colorado, New Mexico, and Texas entered an interstate compact to provide for the equitable apportionment of water flowing in the Rio Grande River. Congress granted its...

Earlier this week, the head of the U.S. Centers for Medicare and Medicaid, Seema Verma, travelled to Arkansas and signed a waiver request to require Medicaid enrollees to work or prepare for a job. The work requirement will only impact the expansion population, specifically childless adults 19 to 49 years old. They will be required to work or participate in activities such as volunteering or vocational training for 20 hours per week. The requirement will be phased in between June and September 2018.

Most of the Trump administration’s disagreements over protecting undocumented immigrants have been with local governments. But on March 6 the Trump administration filed a complaint against the State of California. The administration claims three California statutes aimed at protecting undocumented immigrants are preempted by federal immigration law. The administration asks the court to issue a preliminary injunction disallowing California from enforcing the statutes.

In Reed v. Town of Gilbert, Arizona (2015) the Supreme Court held that strict (usually fatal) scrutiny applies to content-based regulations of speech. One of the questions in NIFLA v. Becerra is whether the Court means for Reed to apply to (nearly) every law regulating content-based speech. The State and Local Legal Center (SLLC) filed an amicus brief arguing that Reed should not be read that broadly.     

California law requires that licensed pregnancy-related clinics disseminate a notice stating that publically-funded family planning services, including contraception and abortion are available. It also requires unlicensed pregnancy-related clinics to disseminate a notice they are unlicensed. The National Institute of Family and Life Advocates (NIFLA) operates 111 pregnancy centers in California. None offer abortions or abortion referrals; only 73 are licensed.

The State and Local Legal Center (SLLC) filed a Supreme Court amicus brief in one of the most important cases of the organization's 35-year tenure:  South Dakota v. Wayfair.  

In this case South Dakota is asking the Supreme Court to rule that states and local governments may require retailers with no in-state physical presence to collect sales tax. Ruling this way will require the Supreme Court to overturn long-standing precedent.  

With two months of 2018 in the books, there is plenty of evidence of state and local policymakers around the country seeking ways to invest in public transit, shore up existing assets and change how transit is governed and planned. From property tax revenue diversion to ride-hailing fees and from value capture to sales tax ballot measures, a variety of strategies are being deployed or contemplated as transit communities seek to deal with longstanding maintenance issues that may be contributing to recent declines in transit ridership, seek to increase density around transit hubs and seek to improve their odds of attracting the next major employer. Here’s a roundup of what’s going on.