What's New

When a three-judge panel struck down North Carolina’s 2016 Congressional redistricting plan the case received significant media attention. Supreme Court redistricting cases rarely receive as much fanfare.

The decision garnered so much attention because it is the third three-judge panel in a relatively short period of time to rule a partisan gerrymander is unconstitutional. The Supreme Court has yet to articulate if and exactly when redistricting in favor of a political party is unconstitutional. But such a ruling may be imminent. The Supreme Court has already heard a case from Wisconsin and will hear a case from Maryland this term involving the constitutionality of partisan gerrymandering.

The Supreme Court has agreed to decide whether states may require out-of-state retailers to collect sales tax.

In Quill Corp. v. North Dakota (1992), the Supreme Court held that states cannot require retailers with no in-state physical presence to collect sales tax. South Dakota asks the Supreme Court to overturn Quill in South Dakota v. Wayfair

A federal district court has issued a temporary nationwide injunction requiring the Trump administration to maintain much of the Deferred Action for Childhood Arrivals (DACA) program. Four states (California, Maine, Maryland, and Minnesota) and two local governments (San Jose and Santa Clara County) are among the plaintiffs who sued the Department of Homeland Security (DHS).

DACA was established through a DHS Memorandum during the Obama presidency. The program allows undocumented persons who arrived in the United States before age 16 and have lived here since June 15, 2007, to stay, work, and go to school in the United States without facing the risk of deportation for two years with renewals available.

DHS rescinded DACA on September 5, 2017, after receiving a letter from the Attorney General stating the program was unconstitutional and created “without proper statutory authority.”

Yesterday, federal officials issued new guidance that will support “state efforts to improve Medicaid enrollee health outcomes by incentivizing community engagement among able-bodied, working-age Medicaid beneficiaries.” A number of Section 1115 waiver applications currently before the Department for Health and Human Services would impose work requirements in one way or another are expected to be approved under the new policy.

Arizona kicked off 2018 with all 15 counties reaching a unanimous agreement to participate in the Electronic Registration Information Center, more commonly known as ERIC.

Since 2010 states and local governments have been waiting for the Department of Justice (DOJ) to issue regulations requiring them to increase website, equipment and furniture, and 9-1-1 accessibility for persons with disabilities. The wait is over; the regulations are no longer in the works (for now).

Title II of the Americans with Disabilities Act (ADA) prohibits states and local governments from discriminating on the basis of disability in “all services, programs, and activities provided to the public.”

In 2010 DOJ issued three Advance Notices of Proposed Rulemaking indicating its desire to issue regulations regarding accessibility of state and local government websites and non-fixed equipment and furniture and use of Next Generation 9-1-1. While DOJ has been silent on the latter two issues since 2010, in 2016 it issued a supplemental advance notice regarding website accessibility

As of December 26, 2016, DOJ has withdrawn all four Advance Notices of Proposed Rulemaking while it evaluates whether promulgating regulations is “necessary and appropriate.” 

CSG South

Part II in a series, this report explores the resources, capacity and transmission; policies and incentives; and economic impacts of wind energy generation in three Southern states: Texas, Oklahoma and Virginia.

In the wake of devastating mass shootings in Las Vegas and Texas last fall, policymakers are feeling pressure to do more to protect citizens from gun violence.

Although federal law prohibits the sale of firearms to individuals with mental illness, lax reporting by states and our armed forces make it far too easy for people experiencing severe mental health problems to obtain firearms. The federal database that runs all background checks prior to purchasing a firearm is the National Instant Criminal Background Check System (...

Before the start of the year, New York, Philadelphia, and San Francisco continued the trend, started last year with the sanctuary jurisdictions executive order, of cities suing the federal government.

In their recently filed compliant these cities ask a federal district court in Virginia to order the military to comply with a federal statute requiring federal agencies (including the military) to inform the Federal Bureau of Investigation (FBI) when the agency “has a record demonstrating” that a person has, among other things, committed a crime that prevents him or her from possessing a firearm.

The Ninth Circuit opinion temporarily striking down President Trump’s third travel ban was met with little fanfare likely for two reasons. The decision came down right before Christmas (December 22). And in early December the Supreme Court allowed the third travel ban to go into effect until the Supreme Court rules on it, even if the Ninth Circuit (or Fourth Circuit) were to strike it down in the meantime.   

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