The NCSL Blog

Entries for June 2019

28
SCOTUS Backs States, OKs Warrantless Blood Draws From Unconscious Drivers

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.

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28
Becoming a Man ...

“Now I know what it means to be a man.” Last week, policymakers heard these powerful words from a young man participating in a felony diversion program in Philadelphia called “The Choice is Yours.”     

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27
Supreme Court Holds Partisan Gerrymandering Claims May Not be Litigated

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.

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27
SCOTUS Rules in Census Case—Ball Now in Secretary Ross’ Court

Chief Justice John Roberts joined his more liberal colleagues (Justices Ruth Bader Ginsburg, Steven Breyer, Sonia Sotomayor, and Elise Kagan) in at least stalling the issue of whether the U.S. Census Bureau may include a question about citizenship on the 2020 census, 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).

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26
SCOTUS Strikes Down Durational-Residency Requirement for Alcohol Sellers

In Tennessee Wine and Spirits Retailers Association v. Thomas the Supreme Court held 7-2 that Tennessee’s law requiring alcohol retailers to live in the state for two years to receive a license is unconstitutional.

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26
SCOTUS Keeps Auer Deference

Auer deference, courts deferring to agencies’ reasonable interpretations of their ambiguous regulations, is alive following the Supreme Court’s decision in Kisor v. Wilkie. But, in the opinion of a few Justices, it is only on life support. 

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26
Supreme Court Rules Against Local Governments in Important Takings Case

It remains to be seen whether U.S. Supreme Court Justice Elena Kagan is wrong about this ominous prediction in her dissenting opinion in Knick v. Township of Scott: “Today’s decision means that government regulators will often have no way to avoid violating the Constitution.”

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26
Supreme Court to Decide ACA Risk Corridor Case

In Moda Health Plan v. United States, the Supreme Court will decide whether Congress may enact appropriations riders restricting the sources of funding available to pay health insurers for losses incurred that were supposed to be paid per federal law.

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25
The Other Census Question: How Private is Your Data?

Everyone is talking about whether a citizenship question will be on the 2020 census. But there’s another question relating to the census: How will the census continue to ensure that data for individuals is kept private?

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Category: Census
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25
Local Government Official Loses Fabrication of Evidence Statute of Limitations SCOTUS Case

McDonough v. Smith is a case about forgery, deceit, fabricated evidence … and statute of limitations.

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About the NCSL Blog

This blog offers updates on the National Conference of State Legislatures' research and training, the latest on federalism and the state legislative institution, and posts about state legislators and legislative staff. The blog is edited by NCSL staff and written primarily by NCSL's experts on public policy and the state legislative institution.