Capitol Comments

Apprenticeships are an avenue of education and training that allow people to receive valuable knowledge and job skills without attaining a college degree.
In June 2017, President Donald Trump released the Presidential Executive Order Expanding Apprenticeships in America, which promotes the easing of regulatory burdens surrounding apprenticeship programs and encourages third-party development of apprenticeship programs. Allowing more businesses, nonprofits, labor-management organizations and professional associations to become certifiers of apprenticeship programs offers a new entryway to the workforce in a variety of fields. The purpose of the industry-recognized apprenticeship program, often referred to as IRAP, is to break down barriers in order to expand apprenticeship opportunities.

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The Youth Entrepreneurship, or YE, program, created in 1991 by Charles Koch and his wife, Liz, had a single goal: improve the professional development of at-risk students in a Kansas high school by teaching them about entrepreneurship. Today, 27 years later, it has expanded to include both middle and high school students in 92 schools in nine states. Over time the curriculum has evolved to include important life skills, economic principles and real-life applications.

Before an employee alleging employment discrimination under Title VII (on the basis of race, color, religion, sex, or national origin) may bring a lawsuit in federal court he or she must exhaust administrative remedies by bringing formal charges with the Equal Employment Opportunity Commission (EEOC) (or equivalent state agency).

The question the Supreme Court will decide in Fort Bend County v. Davis is if an employee fails to exhaust administrative remedies with the EEOC before filing a lawsuit is the lawsuit barred.

After turning down countless petitions challenging state and local restrictions on guns the U.S. Supreme Court has finally agreed to review the constitutionality of a gun law. In New York State Rifle & Pistol Association Inc. v. City of New York, New York the Supreme Court will decide whether New York City’s ban on transporting a handgun to a home or shooting range outside city limits violates the Second Amendment, the Commerce Clause, or the constitutional right to travel. The Second Circuit held the law is constitutional on all accounts.

A New York City administrative rule allows residents to obtain a “carry” or “premises” handgun license. The “premises” license allows a licensee to “have and possess in his dwelling” a pistol or revolver. A licensee may only take his or her gun to a shooting range located in the city. Challengers want to bring their handgun to their second home and to target practice outside the city.

CSG Midwest
How should the powers of a state’s attorney general be weighed against those of a state’s legislative branch? That question arose most recently and prominently at the end of 2018 in Wisconsin, when lawmakers made statutory changes in an extraordinary session which altered that power balance in favor of the Legislature.
CSG Midwest
In October, the Trump Administration adopted new rules for short-term (or “skinny”) health insurance plans. Since then, some states have weighed in by adopting new rules of their own, while also reminding insurers that they must still comply with state-level regulations.

In a per curiam (unauthored) unanimous opinion in City of Escondido v. Emmons the Supreme Court granted one police officer qualified immunity and instructed the Ninth Circuit to decide again whether another officer should have been granted qualified immunity. As it has done many times before, the Supreme Court criticized the Ninth Circuit for defining the right at issue (here to be free from excessive force) at too high a level of generality.

In April 2013 police arrested Maggie Emmons’ husband at their apartment for domestic violence. A few weeks later, after Maggie’s husband had been released, police received a 911 call from Maggie’s roommate’s mother, Trina. While Trina was on the phone with her daughter she overheard Maggie and her daughter yelling at each other and Maggie’s daughter screaming for help.

When the officers knocked on the door no one answered but they were able to try to convince Maggie to open the door by talking to her through a side window. An unidentified male told Maggie to back away from the window. Officer Craig was the only officer standing outside the door when a man walked out of the apartment. Officer Craig told the man not to close the door but he did and he tried to brush past Officer Craig. Officer Craig stopped him, took him to the ground, and handcuffed him. The man was Maggie’s father, Marty Emmons. He sued Officer Craig and Sergeant Toth, another officer at the scene, for excessive force.

In an amicus brief in PDR Network, LLC v. Carlton & Harris Chiropractic Inc. the State and Local Legal Center (SLLC) argues that federal courts should be able to refuse to apply federal agency orders which they deem inapplicable even if the orders are covered by the Hobbs Act. While case sounds obscure, numerous Federal Communications Commission (FCC) orders are covered by the Hobbs Act including the small cell order, which preempt local regulations to facilitate the deployment of small cells for 5G.

The Hobbs Act vests the federal courts of appeals with “exclusive jurisdiction” to “enjoin, set aside, suspend (in whole or in part), or to determine the validity of” certain orders made by the FCC and orders of the Secretary of Agriculture, Secretary of Transportation, Federal Maritime Commission, Atomic Energy Commission, and others.

According to one lower court the Hobbs Act “promotes judicial efficiency, vests an appellate panel rather than a single district judge with the power of agency review, and allows uniform, nationwide interpretation of the federal statute by the centralized expert agency.”

A federal district court has held that a question about citizenship may not be included in the 2020 census. The Trump administration is likely to appeal this ruling to the Second Circuit, and it is likely the Supreme Court will ultimately resolve the dispute. Additional challenges to including this question have been brought but not yet decided.  

Judge Furman summarizes the significance of having an accurate census for state and local governments in his 277-page opinion:  “[The census] is used to allocate hundreds of billions of dollars in federal, state, and local funds. Even small deviations from an accurate count can have major implications for states, localities, and the people who live in them — indeed, for the country as a whole.”

Ohio Gov. John Kasich signed SB 255 on Friday which puts an expiration date of 6 years on all state licensing boards unless they are renewed by the legislature. Prior to a board’s end date, the board must present to standing committees so that lawmakers can evaluate the usefulness, performance, and effectiveness of the board. Each board will have the burden of proof to demonstrate there is a public need for its continued existence. The...

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