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.

In Department of Homeland Security v. Regents of the University of California the Supreme Court will decide whether the Department of Homeland Security’s (DHS) decision to end the Deferred Action for Childhood Arrivals (DACA) program is judicially reviewable and lawful. Three lower courts have concluded ending the policy is both reviewable and likely unlawful.  

DACA was established through a DHS Memorandum during the Obama presidency. The program allowed undocumented persons who arrived in the United States before age 16 and have lived here since June 15, 2007, to stay, work, and go to school in the United States without facing the risk of deportation for two years with renewals available.

DHS rescinded DACA in September 2017 after receiving a letter from the Attorney General stating the program was unconstitutional and created “without proper statutory authority.”

In Mitchell v. Wisconsin the Supreme Court held that generally when police officers have probable cause to believe an unconscious person has committed a drunk driving offense, warrantless blood draws are permissible. The State and Local Legal Center (SLLC) filed an amicus brief arguing for this result.

By the time the police officer got Gerald Mitchell from his car to the hospital to take a blood test he was unconscious. Mitchell’s blood alcohol content (BAC) about 90 minutes after his arrest was 0.222%.

Wisconsin and twenty-eight other states allow warrantless blood draws of unconscious persons where police officers have probable cause to suspect drunk driving.

In Rucho v. Common Cause the Supreme Court held 5-4 that partisan gerrymandering claims are non-justiciable—meaning that a federal court cannot decide them.

Partisan gerrymandering is the practice of drawing legislative districts to benefit one political party. In Davis v. Bandemer (1986) a majority of the Supreme Court held that partisan gerrymandering cases are justiciable. In that case and since then the Court has been unable to lay out a standard for when partisan dominance “is too much.” In Rucho v. Common Cause the Supreme Court announced it will stop trying.

Chief Justice Roberts wrote the majority opinion which his conservative colleagues joined (Justices Thomas, Alito, Gorsuch, and Kavanaugh). Unsurprisingly, the Court emphasized the role of state legislatures in districting:  “The Framers were aware of electoral districting problems and considered what to do about them. They settled on a characteristic approach, assigning the issue to the state legislatures, expressly checked and balanced by the Federal Congress.”

Chief Justice Roberts joined his more liberal colleagues (Justices Ginsburg, Breyer, Sotomayor, and Kagan) concluding the reasons Commerce Secretary Wilbur Ross gave for adding the citizenship question to the 2020 census were pretextual in violation of the Administrative Procedures Act (APA).

Presumably, Secretary Ross will now be able to offer different reasons for why he wanted to add the citizenship question. If he chooses to do so those reasons may also be challenged in court as pretextual or discriminatory. If he chooses to offer no different reasons, presumably, the 2020 census for won’t contain a citizenship question.    

CSG Midwest
North Dakota is the first U.S. state to authorize a central, shared-service approach to cybersecurity across all parts of state government, says Gov. Doug Burgum, who signed SB 2110 into law in April. Legislators also invested more than $15 million in the new biennial budget to add more cybersecurity personnel and enhance protective software.
CSG Midwest
A decade ago, Ami Wazlawik, now a member of the Minnesota House, was graduating from college at an inopportune time — in the middle of the nation’s Great Recession. “I was like everyone else,” she recalls, “looking for a job.”
Instead, she found community service, working with students for a school year as a part of Minnesota’s Reading Corps, an experience that had a lasting impact not only on the students she tutored, but on her own life. Wazlawik says Reading Corps helped cement her commitment to being an active citizen, and is one reason she ran for public office.
And the program itself is often cited as a national model for how states can leverage the power of public service to address longstanding challenges or long-term goals.
CSG Midwest
School closings due to harsh winter weather are nothing new for the Midwest. But this past school year, heavier-than-usual snowfall and a polar vortex led to more shutdowns than usual in some parts of the region, and opened up discussions this year about state laws to help districts adjust.
Among the options considered by legislatures: one, provide “amnesty” to districts during especially bad-weather school years, meaning they’re eligible for full state aid even if they don’t meet state mandates on the number of instructional days; and two, make greater use of virtual learning.
CSG Midwest

The three new laws that legailze sports betting vary in significant ways, including where the activity is allowed to occur and whether wagering on college sports is allowed.

CSG Midwest
A legislative change in Iowa's process for selecting Supreme Court judges will put more power in the hands of the governor. SF 638, signed into law in May, alters how the 17-member State Judicial Nominating Commission will be appointed.
The governor now has the authority to choose a majority of commission members, nine of the 17. The remaining eight appointments will come from elections held among the state's lawyers.

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