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...

On November 30, one month before the Secretary of Commerce is supposed to report to the President the results of the census, the Supreme Court will hear oral argument in New York v. Trump. In this case, a three-judge panel ruled that the Secretary of Commerce may not provide the President with a census count that excludes undocumented persons. The state-by-state population breakdown the Secretary of...

The Supreme Court has frozen in place a district court order requiring the Census Bureau to continue counting people through October 31. As a result, the Census Bureau may immediately stop the count.  

The Census Bureau lost 47 dates of field operations (counting people) due to COVID-19 between March and May. In April it announced it would extend field operations until October 31. In August it changed the ending date of field operations to September 30...

In National Urban League v. Ross the Ninth Circuit allowed a lower court ruling to stay in effect requiring the census count to continue through October 31. But it blocked the portion of the lower court ruling that the federal government may not attempt to meet the December 31 statutory deadline for...

The confirmation hearings for Judge Amy Coney Barrett begin on Monday. Judge Barrett undoubtably will be asked about her views on the Affordable Care Act, guns, and abortion. Like her predecessors, she will try to say as little as possible about her views on hot button issues.

But what about her thoughts on less controversial topics the Supreme Court decides on a more regular basis, upon which states and local governments may...

For the last 50 years the Supreme Court has leaned right. But there has always been an unreliable conservative “swing” Justice at the center of the Court. First, Justice Powell, then Justice O’Connor, next Justice Kennedy, and most recently (and very briefly) Chief Justice Roberts.

If Judge Amy Coney Barrett is confirmed the Court is likely to have five reliable conservative votes in the big, controversial cases (Thomas, Alito, Gorsuch, Kavanaugh, and Coney Barrett). Chief Justice Roberts’ vote will no longer matter, and...

Unless something surprising happens, Judge Amy Coney Barrett is expected to take the bench before the Supreme Court hears the most recent challenge to the constitutionality of the Affordable Care Act on November 10. But before she is confirmed the Court will hear 10 cases in its October siting with only eight Justices on the bench.

At least four of those cases are of interest to states and local governments. The State and Local Legal Center (SLLC)...

CSG Midwest
A requirement on where legislatures “shall meet” is a common element of state constitutions. This year, that language demanded an unusual amount of attention among state legislative leaders, as they grappled with ways to protect the health of members while still conducting the business of their state during a pandemic.
According to research done by the Midwestern Office of The Council of State Governments (including a survey of most of the region’s legislative service agencies), at least eight of the Midwest’s 11 states have constitutional provisions on where legislatures must meet and hold sessions.

History will remember Justice Ginsburg as a glass ceiling smasher, a feminist, a liberal, a dissenter, and an icon. States and local governments will also remember something subtler about her which was more visible in the Court’s lower profile cases. And that was her pragmatism.

Perhaps the most important case for states and local governments where Justice Ginsburg demonstrated this quality is South Dakota v. Wayfair. She was the sole liberal...

President Trump’s memoranda on anarchist cities, while generating significant criticism, does not take federal money away—yet. If the federal government actually tries to do so, affected jurisdictions will...

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