What will invariably get everyone’s attention about this case is it is the second 5-4 decision where Justice Gorsuch has joined the four more liberal Justices to rule in favor of a tribe. And a ruling in the Court’s most interesting tribal case of the term is yet to come. But none of this should distract from the holding of this case.    

The Supreme Court answered yes to the question in Herrera v. Wyoming of whether an old treaty allowing Native Americans to hunt on federal land is still valid. According to an amicus brief filed by the Crow Tribe “[a]t least nineteen tribes, in at least a dozen treaties, reserved for themselves the right to hunt on Federal lands away from their respective reservations.”

In 1868 the Crow Tribe ceded most of its territory in what is now Montana and Wyoming to the United States in exchange for an agreement the Crow could “hunt on the unoccupied lands of the United State.” Clayvin Herrera invoked this treaty to defend against a charge of violating state law by off-season hunting in Bighorn National Forest in Wyoming.

In a 5-4 opinion the Supreme Court held that the treaty’s hunting rights survived Wyoming’s statehood and that lands in the Bighorn National Forest aren’t categorically “occupied” because they are in a national reserve.

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Indiana Gov. Eric Holcomb signed a sweeping gambling expansion into law in May, legalizing sports betting at the state’s casinos and “racinos” (racetracks with casino games), as well as on mobile devices.

In County of Maui, Hawaii v. Hawaii Wildlife Fund the Supreme Court will decide whether groundwater is subject to National Pollutant Discharge Elimination System (NPDES) permitting requirements under the Clean Water Act (CWA). The State and Local Legal Center (SLLC) filed an ...

CSG Midwest
Prison overcrowding is one of the most persistent and confounding problems facing state criminal justice systems, and the issue is especially pertinent in the Midwest — home to three of the nation’s five most overcrowded prison systems.  ...
CSG Midwest
When a health consumer receives care outside of an insurer’s network of providers, he or she may receive a surprisingly high medical bill, and face the prospects of paying unexpectedly high out-of-pocket costs. 
These situations are not uncommon, and often not the fault of the health consumer — for example, he or she requires immediate emergency care, or an out-of-network provider is part of a larger team of physicians providing complex medical treatment.
As evidenced in recent polling data and new state laws, “surprise billing” has become a widespread concern among health care consumers and policymakers alike. In a poll conducted last year by the Kaiser Family Foundation, two-thirds of Americans said they were either “very worried” or “somewhat worried” about being able to afford their own or a family member’s unexpected medical bills.
The Commonwealth Fund, meanwhile, has been tracking the spread of laws to protect individuals from certain types of “surprise billing.” By the end of 2018, the number of states with such laws had reached 25: nine with comprehensive laws (including Illinois in the Midwest) and 16 with “partial protections” (including Indiana, Iowa and Minnesota).
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Iowa legislators have created a first-of-its-kind system to better meet the mental health needs of children. As part of HF 690, signed into law in May, an appointed state board will be created to oversee this new comprehensive, coordinated system.

Members of the board will include a mix of state executive branch leaders (in health and education), experts in child welfare and mental health, local school leaders, pediatricians and law enforcement. Legislators will serve on the board as non-voting members. Iowa’s new law also spells out the types of “core services” that the system must deliver to children. That list of services includes: early intervention, medication management, outpatient therapy, access to a 24-hour crisis helpline, mobile response teams, and the availability of community-based and residential services to stabilize behavioral health crises in children.
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A U.S. Army Corps of Engineers plan to keep Asian carp from reaching the Great Lakes has an important new supporter — J.B. Pritzker, the recently elected governor of Illinois. In an April letter to the Corps, Pritzker said the state was “willing to move forward to preconstruction, engineering and design” on the Brandon Road Lock and Dam Project. But he also expressed concern about the estimated price tag: $778 million.
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Turnout rates among younger voters jumped in 2018, though they still lag other age cohorts. States, meanwhile, have a mix of new laws and programs to encourage voting among young people and to remove potential obstacles. 

CSG Midwest
Starting in 2021, North Dakota and Wisconsin will be the only two Midwestern states with chief state school officers elected by voters. Indiana legislators accelerated their state’s switch in governance structure with this year’s HB 1005, which replaces the position of school superintendent in two years with a governor-appointed secretary of education. (The change had been scheduled to take effect in 2025.)
CSG Midwest
Every state in this region funds a loan forgiveness program to assist certain individuals with their college debts. These programs most commonly target help for graduates entering a specific profession such as education or health care.

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