Occupational licensure is one of the most overarching labor market issues facing low-income workers. The proportion of the labor force required to obtain a license exceeds that of both minimum wage earners and union members.1,2,3 The costs of licensing, such as exams, training courses, continuing education, and application and renewal fees, can present significant barriers to work, particularly for those for whom money is the tightest: Americans who are low-income, unemployed, and/or dislocated workers.  

On July...

The National Defense Authorization Act (NDAA) is a group of United States federal laws specifying the annual budget and expenditures of the U.S. Department of Defense and was first passed in 1961. Currently, the government is going through its process to finalize the NDAA for 2020. In reviewing the current draft documents that make up the 2020 NDAA, The Council of State Governments (CSG) and its Overseas Voting Initiative (OVI), a collaboration between CSG and the Federal Voting Assistance Program (FVAP), feels there is a missed opportunity to aid the nation’s military voters in casting their ballots while they are stationed away from their homes. Currently, there is no specific mention of the OVI Military Ballot Tracking Pilot in the NDAA documents. While the act is in conference committee, there is still a chance to ensure that the NDAA serves our overseas military citizens by implementing the Military Ballot Tracking Pilot program.

On May 1, 2019, Montana Gov. Steve Bullock signed Senate Bill 124 into law.  The bill allows military and overseas citizens with a Common Access Card, or CAC, to digitally sign their Federal Post Card Application for voter registration, to request an absentee ballot, or return a voted ballot.  A CAC is only issued after a thorough vetting by the U.S. Department of Defense and is only issued to members of the armed services, civilian employees of the DOD and DOD contractors.

In an amicus brief in New York State Rifle & Pistol Association Inc. v. City of New York, New York the State and Local Legal Center (SLLC) urges the Supreme Court to not apply strict scrutiny to regulations of guns carried in public.

In this case the Supreme Court agreed to 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.

If you’ve studied the issue of occupational licensing reform for any length of time, you’ve undoubtedly heard about African hair braiders. The issue of state government regulating the hair braiding industry is a compelling one. Why would a state subject a hair braider to obtain a full cosmetology license, endure hundreds of hours of unnecessary coursework and pay thousands of dollars before they can legally work? Furthermore, the courses required to obtain the required license do not even directly apply to hair braiding but are more...

On May 1, 2019, Gov. Steve Bullock signed Senate Bill 124 into law. Introduced by Sen. Dee Brown, SB 124 allows Uniformed and Overseas Citizens Absentee Voter Act, or UOCAVA, voters to use a digital signature via Common Access Card, or CAC, during the registration and voting process. This bill will become effective on Oct. 1, 2019.

Often a licensed professional wishing to enter into a new state finds difficulty obtaining the license needed to practice their profession. The delay in obtaining their professional license could mean a lack of income, lost employment opportunities or even a decision to not move into the state.

On July 1, 2019, Gov.  Tom Wolf signed HB 1172 which...

Kelly v. United States is a conflux of fascinating law and facts.

The basic question the Supreme Court will decide is whether the masterminds of “Bridgegate” have committed fraud in violation of federal law. The more technical question is whether a public official “defrauds” the government of its property by advancing a “public policy reason” for an official decision that is not the subjective “real reason” for making the decision.

Former New Jersey Governor Chris Christie’s Deputy Executive Director of the Port Authority of New York and New Jersey, the Port Authority’s Director of Interstate Capital Projects, and Christie’s Deputy Chief of Staff for Intergovernmental Affairs orchestrated “Bridgegate.” Under the guise of conducting a traffic study, they conspired to reduce traffic lanes from the George Washington Bridge (the busiest bridge in the world) to Fort Lee the first week of Fort Lee’s school year, because the mayor of Fort Lee refused to endorse Governor Christie for governor.

Espinoza v. Montana Department of Revenue raises an issue the Supreme Court has long wrestled with:  if a state-aid program violates a state constitutional prohibition against mixing church and state because religious institutions may participate, does discontinuing that program violate the federal constitution’s Free Exercise or Equal Protection Clauses.

Montana statutes allow taxpayers to receive tax credits for contribution to Student Scholarship Organizations (SSO) that give students scholarships to attend private schools, including religious schools. The Montana Department of Revenue adopted Rule 1 disallowing religious schools to participate in the program because it concluded their participation would violate Montana’s constitution. Parents of students attending religiously-affiliated private schools challenged Rule 1.

The Council of State Governments hosted policymakers from across the country in June for the first meetings of its two national task forces: Healthy States and The Future of Work.

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