Capitol Comments

Whether lower courts may issue nationwide injunctions is one of a number of legal issues the Supreme Court will decide in Trump v. Pennsylvania and Little Sister of the Poor Saints Peter and Paul Home v. Pennsylvania. Nationwide injunctions are controversial because they benefit non-parties. For...

Wisconsin’s election today is both a presidential primary and an election of numerous judgeships, over 500 school board seats, and several thousand other positions. Per the Wisconsin Supreme Court, in person voting will go on. Per the United States Supreme Court, only absentee ballots received or postmarked today will be counted.

Yesterday, Wisconsin Governor Tony Evers issued an executive order suspending in-person...

In an 8-1 opinion the Supreme Court held that a police officer may initiate a traffic stop after learning the registered owner of the vehicle has a revoked license unless the officer has information negating the inference the owner of the vehicle is the driver.

In Kansas v. Glover Deputy Mehrer ran the license plate of a vehicle he saw being driven lawfully, matched it to the vehicle he observed, and learned it was registered to Charles Glover...

Amid the opioid crisis and COVID19 pandemic, healthcare has been at the forefront of most state policy priorities. However, rural healthcare has been facing a crisis over the past decade.

Over 60 million Americans live in rural areas. Rural communities make up over 50% of the state in numerous states such as Mississippi, Vermont, Maine and West Virginia according to US Census data. For example, Vermont’s rural population is 61.1% of the state.

According to a recent...

James Kahler shot his wife, her grandmother, and his two daughters after his wife filed for divorce and moved out with their children. He argued that Kansas “unconstitutionally abolished the insanity defense” by allowing the conviction of a mentally ill person “who cannot tell the difference between right and wrong.” The Supreme Court disagreed.

In Kahler v. Kansas the Supreme Court held 6-3 that the Constitution’s Due Process Clause does not...

In Allen v. Cooper the Supreme Court held unanimously that a state cannot be sued for copyright infringement. In short, the Court found that Congress lacked the authority to strip states of their sovereign immunity in the Copyright Remedy Clarification Act (CRCA) of 1990.

After the pirate Blackbeard’s flagship Queen Anne’s Revenge was discovered in 1996 off the coast of Beaufort, North Carolina, the current owner of the ship, North...

In Comcast v. National Association of African-American Owned Media the Supreme Court held unanimously that a plaintiff who sues under 42 U.S.C. §1981 must plead and prove that race was the but-for cause of his or her injury. This case is particularly relevant to states and local governments as employers. The but-for causation is a standard favorable to employers.

...

CSG Midwest
After nine months of extensive, unprecedented analysis of Michigan's county jail populations, a specially formed task force has delivered 18 recommendations to the Legislature designed to improve state policies and curb rising jail incarceration rates.
The bipartisan task force's work reflects concerns in Michigan about the impact of a growing jail population, which has occurred even amid big drops in the state's total crime rate (see line graph). 

Across the country, state and local governments are moving quickly to respond to COVID-19 outbreaks through making emergency declarations. Washington state was the first to do so on February 29th.  Emergency declarations can allow officials to quickly secure and utilize targeted funding, in addition to potential allocations from the federal government.  According to the Federal Emergency Management Agency (FEMA), the primary form of assistance to states, territories, tribes and localities may come in the form of federal...

In Jones v. Mississippi the Supreme Court will decide whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is “permanently incorrigible” before imposing a sentence of life without parole.

In Miller v. Alabama (2012) the Supreme Court held that the Eighth Amendment bars life-without-parole sentences “for all but the rarest of...

Pages