Government

CSG South

As the 2020 legislative cycle approaches, legislators across the South are preparing and pre-filing legislation to address emerging and relevant policy issues in their states. With its regional focus, the Southern Legislative Conference (SLC) is uniquely positioned to identify and research current and emerging policy issues and trends. This report was prepared by Anne Roberts Brody, policy and program manager, and Roger Moore and...

In Calvary Chapel Dayton Valley v. Sisolak the Supreme Court allowed the Nevada governor’s COVID-19 restrictions on the number of people who may attend religious services to stand.

The lower courts refused to grant the church an injunction in this case so they...

The question the Supreme Court will decided in Uzuegbunam v. Preczewski is whether the government changing a policy after a lawsuit has been filed renders the case moot if the plaintiff has only asked for nominal damages.

Georgia Gwinnett College students Chike Uzuegbunam and Joseph Bradford sued the college over its Freedom of Expression policy, which only allowed students to engage in expressive activities in two designated areas after getting a...

The President’s tax returns are unlikely to be available to the public soon as a result of two Supreme Court cases. Nevertheless, Trump v. Vance is a victory for state and local government authority. In this case the Supreme Court held 7-2 that the U.S. Constitution doesn’t “categorically preclude, or require a heightened standard for, the issuance of a state criminal subpoena to a sitting President.”  

Regardless of this decision, the...

Without explanation, without referring the matter to the entire Court, and without calling for a response, Justice Kavanaugh denied a request for an emergency injunction to strike down Illinois Governor Pritzker’s executive order limiting gatherings to 50 people while exempting religious gathering.

Likely Justice Kavanaugh refused to grant the injunction because the standard is high. The Supreme Court only grants...

In fact, Justice Kavanaugh (fairly) describes Justice Breyer as arguing in favor of overruling Reed v. Town of Gilbert (2015).  

In Barr v. American Association of Political Consultants the Supreme Court held 6-3 that the Telephone Consumer Protection Act’s (TCPA) debt-collection exception was content-based, failed strict scrutiny, and therefore violated the First Amendment.

The State and Local Legal Center filed an ...

In Espinoza v. Montana Department of Revenue, the Supreme Court held 5-4 that the U.S. Constitution’s Free Exercise Clause allows families to receive tax-credit funded scholarships to attend religious schools regardless of the Montana Constitution’s no-aid to sectarian schools provision.

The Montana legislature established a program offering tax credits for donations to “student scholarship organization,” which give children scholarships to...

CSG Midwest
As part of her study of the nation’s state legislative institutions, on topics such as term limits and oversight of the executive branch, Marjorie Sarbaugh-Thompson found herself viewing old, archived committee hearings in Michigan from a few decades ago.
The subject was turkey habitats. The place was a cramped committee room in Lansing. Led by two lawmakers — one Democrat, one Republican — the legislative branch was grilling members of the executive branch on implementation of a law to protect the state’s population of wild turkeys.
“They were sharing notes and drilling down with an incredible amount of knowledge, about the law and about turkeys,” she says. “It was a gold standard in legislative oversight.”
That work in Michigan was being done largely outside the public eye, on a subject not likely to win or lose anyone an election. Yet this bipartisan group of lawmakers found it to be an integral part of their responsibility.
“I would hope that legislators see oversight as a big part of their job, at least one-third of it,” says Sarbaugh-Thompson, a professor of political science at Wayne State University. “If we’re spending the money [on a program, agency or regulation], we ought to want to make sure it’s going where it’s supposed to go and that it’s working.”

In a 6-3 decision in Bostock v. Clayton County the Supreme Court held that gay and transgender employees may sue their employers under Title VII for discriminating against them because of their sexual orientation or gender identity. Title VII of the Civil Rights Act of 1964 outlaws employment discrimination on the basis of race, color, religion, sex, and national origin.

This case will significantly affect states and local...

On Friday night, close to midnight, the Supreme Court in a 5-4 decision rejected a request from a number of California churches to strike down the portion of California governor’s stay-at-home order limiting attendance at places of worship to 25% of building capacity or a maximum of 100 attendees.

Chief Justice Roberts wrote a brief, concurring opinion explaining his vote. First, he noted that the churches face a high bar in obtaining...

Pages