CSG Midwest
A legal dispute in Indiana over private property rights and the public trust doctrine ended in February when the U.S. Supreme Court chose not to hear the case. In 2018, Indiana’s Supreme Court ruled that public use of the Lake Michigan shoreline extended to the lake’s “natural ordinary high water mark.” Some lakefront property owners argued that the “water’s edge” should instead be used as the legal dividing line. The Indiana justices disagreed: “At a minimum, walking below the natural [ordinary high water mark] along the shores of Lake Michigan is a protected public use.”

CSG Midwest
In Kansas City’s metropolitan area, there is a long history of businesses crossing the Kansas-Missouri border — lured by one of the two states’ tax breaks and financial incentives. “It’s a zero-sum game when incentives are given to move a company just a few miles from where it was,” says Rep. Kristey Williams, a member of the Kansas House Commerce, Labor and Economic Development Committee. “Essentially, taxpayers lose.”
Could this traditional type of interstate competition be replaced by an interstate collaboration, or cease-fire?
Smaller- and large-scale ideas were being proposed in the nation’s state legislatures in early 2019, including a bill known as the “border war bill” in Missouri. Passed by the state Senate in late February, SB 182 would prohibit state incentives from being offered to companies located in four Kansas border counties. Kansas would have to adopt a comparable ban for SB 182 to take effect.
According to Missouri Sen. Mike Cierpot, the bill’s sponsor, the two states have “spent over $335 million shuffling businesses back and forth over state lines … by moving a matter of miles, or in some cases blocks.”
CSG Midwest
Illinois has joined the growing number of Midwestern states to raise the minimum wage for workers. Six years from now, when SB 1 gets fully phased in, the wage floor for Illinois workers age 18 and older will be $15 an hour. That will be the highest minimum wage in the Midwest; four other U.S. states have adopted $15-an-hour laws.
According to the U.S. Department of Labor, as of the start of this year, six states in the region — Illinois ($8.25 per hour), Michigan ($9.25), Minnesota ($9.86), Nebraska ($9), Ohio ($8.55) and South Dakota ($9.10) — had minimum wages higher than the federal government’s ($7.25). Under the laws in Minnesota, Ohio and South Dakota, wages are adjusted automatically every year to account for changes in the cost of living. In late 2018, with the passage of SB 1171, Michigan legislators eliminated their state’s inflationary adjustment while also increasing the minimum wage. The hourly rate rose to $9.45 in March and will increase to $12.05 by 2030.
CSG Midwest
Chronic wasting disease already is a problem in the 24 states (including all but Indiana and Ohio in the Midwest) and two Canadian provinces where it has been detected in free-ranging deer, elk or moose. This year in Minnesota, though, legislators have been exploring just how much bigger the problem could become — if the disease continues to spread and/or if it is transmitted to humans.
“It has the potential to change hunting as we know it,” Minnesota Rep. Rick Hansen says. “As a hunter, I am concerned about field processing and consumption of deer, and other hunters should be too.”
No human is known to have gotten ill from eating venison from a CWD deer, but that might not always be the case, a state expert warned lawmakers at a legislative hearing earlier this year in Minnesota.

CSG Midwest
In early March, the North Dakota and South Dakota legislatures passed bills that aim to make a clear distinction between how animal-based meat and meat substitutes are labeled for consumers.
North Dakota’s HB 1400 defines “meat” as only edible flesh from an animal raised for human consumption. Cell-cultured “meats” would need to be clearly labeled as “a cell-cultured protein food product.” They also “may not be packaged in the same, or deceptively similar, packaging as a meat food product.” Under South Dakota’s SB 68, a food product is “misbranded” if labeled in such a way “that intentionally misrepresents the product” as meat. Both measures were signed into law in early March; they received overwhelming support in the North Dakota and South Dakota legislatures.

The technical legal question the Supreme Court will address in Kahler v. Kansas is whether the Eighth and Fourteenth Amendments permit a state to abolish the insanity defense. In more colloquial terms, the question is whether states may abolish a defense to criminal liability that mental illness prevented a defendant from knowing his or her actions were wrong. Five state have done so—Alaska, Idaho, Kansas, Montana, and Utah.

James Kahler was sentenced to death for fatally shooting his wife, her grandmother, and his two daughters. Kahler presented the testimony of a forensic psychiatrist who stated that Kahler was suffering from severe major depression at the time of the crime and that “his capacity to manage his own behavior had been severely degraded so that he couldn't refrain from doing what he did.”

In Apodaca v. Oregon (1972) and Johnson v. Louisiana (1972), five Justices agreed that the Sixth Amendment requires unanimous jury verdicts in federal criminal cases. Five Justices also agreed that jury verdicts in state criminal cases don’t have to be unanimous. In Ramos v. Louisiana the Supreme Court will consider overruling the latter holding in Apodaca and Johnson. Only Oregon and Louisiana allow non-unanimous jury verdicts in criminal cases.

Evangelisto Ramos was convicted 10-2 of second-degree murder based solely on circumstantial evidence and was sentenced to life in prison without the possibility of parole.

Ramos argues that the Fourteenth Amendment fully the Sixth Amendment guarantee of a unanimous verdict against the states.

As Washington State Department of Licensing v. Cougar Den illustrates, not all 5-4 Supreme Court cases involve high-profile, controversial issues where the Justices are divided on ideological lines.

In this case the Supreme Court held 5-4 that a treaty forbids the State of Washington from imposing a tax upon members of the Yakama Nation that import fuel.

An 1855 treaty between the United States and the Yakama Nation reserves to the Yamakas “the right, in common with the citizens of the United States, to travel upon all public highways.” A Washington statute taxes fuel importers who bring large quantities of fuel into the state by ground transportation. Cougar Den is a wholesale fuel importer owned by a Yakama member that transports fuel by truck from Oregon to Yakama-owned gas stations in Washington. Cougar Den argued the treaty preempted the tax.

The Immigration Reform and Control Act (IRCA) states that any information contained in the Form I-9, which is used to verify a person’s eligibility to work in the United States, may only be used for limited federal enforcement. The question the Supreme Court will decide in Kansas v. Garcia is whether the IRCA preempts states from using information contained in the I-9 to prosecute a person under state law (in this case for identity theft).

At the same time the federal government has announced a new emphasis on reviewing how well states enforce Medicaid eligibility rules, it has offered a new tool to help states improve accuracy and speed up the eligibility determination process.
In June 2018, the Trump administration announced new initiatives to increase Medicaid program integrity. These initiatives include assuring that states effectively enforce Medicaid beneficiary eligibility rules. The Government Accountability Office (GAO) estimates that improper Medicaid payments totaling $11.3 billion were made in 2017 because of state errors in eligibility determinations.

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