Policy Area

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...

In Andino v. Middleton the Supreme Court has continued its trend of striking down judge-made changes to state election laws in response to COVID-19. The Supreme Court froze in place a district court order which prohibited South Carolina from enforcing its ballot witness requirement. But the Court stated that any ballots received within...

In Brnovich v. Democratic National Committee the Supreme Court will decide whether Arizona’s refusal to count out-of-precinct votes violates Section 2 of the Voting Rights Act (VRA) and whether Arizona’s limits on third-party ballot collection violate Section 2 of the VRA and the Fifteenth Amendment.

Arizona wholly discards out-of-precinct votes instead of counting the votes for the races the voter was eligible to participate in (...

This title isn’t inaccurate per se. It merely understates the highly technical and procedural nature of this case. In B.P. v. Mayor and City Council of Baltimore the Supreme Court will decide whether a federal appellate court may review all the grounds upon which a defendant claims its case should not be sent back to state court when only one of the grounds the defendant alleges is specifically listed in federal statute...

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
The state of North Dakota is partnering with one of its public universities to help school districts address a persistent, widespread workforce challenge — the shortage of licensed special-education teachers. Using a $750,000 grant from the state, Minot State University will create a new scholarship program that allows 20 education paraprofessionals to earn a degree in special education. These 20 individuals already have been working with special-education students in the state. North Dakota is using a portion of its money from the federal CARES Act to fund the scholarship program, which will cover seven semesters of instruction for each recipient.
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.
CSG Midwest
After 18 months of negotiations, the state of Michigan agreed in August to pay $600 million to individuals and businesses affected by the water crisis in the town of Flint, with close to two-thirds of the money going to children age 6 and under at the time of their first exposure. The crisis in Michigan's seventh-largest city began in 2014, when the town's supply of water was switched to the Flint River, leading to toxic levels of lead in drinking water. The consequences included an uptick in deaths from Legionnaires' disease and lead poisoning among children.

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