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NCSL Updates
Trump Signs New Orders, Amends Previous Executive Actions
The president’s executive actions address policy areas including trade and national security. NCSL staff break it down for you. Stay up to date with NCSL’s new executive order tracker.
NCSL Joins Call for Transportation Funding
NCSL joined more than 40 other organizations last week calling on Congress to honor surface transportation funding contained in any forthcoming funding measure, saying that “any reduction from planned transportation funding levels will disrupt state and local government implementation of long-term transportation plans and private sector efforts to ensure the equipment, materials and personnel necessary for infrastructure improvements are in place." If enacted, fiscal year 2025 appropriations measures in the House and Senate provide $61.3 billion for highway programs and $15.6 billion for transit programs. Read the full letter.
Congressional Updates
Continuing Resolution Update
U.S. House Speaker Mike Johnson released the text of a continuing resolution providing appropriations for the rest of fiscal year 2025 and seeking to avoid a government shutdown at midnight on Friday. The House plans to move quickly with a vote as early as Tuesday, but with a tight majority, Johnson can afford to lose only one member of his party in opposition. The Senate faces a similar test, as it will need 60 votes to approve a cloture vote, meaning seven democrats will have to vote in support of the measure. President Trump issued a statement on social media in support of the effort, calling it a “very good funding bill.”
GOP leadership says the Continuing Appropriations and Extensions Act, 2025 provides an increase of $6 billion for defense spending while reducing non-defense spending by $13 billion below prior year spending levels. Both of these topline figures are less than the levels agreed under the Fiscal Responsibility Act of 2023 for fiscal years 2025. Republicans describe the legislation as enhancing defense, providing for veterans, supporting federal wildland firefighters and providing for WIC nutrition assistance. However, democrats criticize the effort as having a “bevy of anomalies” and not living up to the bipartisan spirit of the Fiscal Responsibility Act, which passed 314-117 in the House.
Passage of the continuing resolution would allow Republicans to focus on budget reconciliation as they seek to reduce government spending and cut taxes.
Administration Updates
HHS Rolls Back Public Comment in Rulemaking
Health and Human Services Secretary Robert F. Kennedy Jr. issued a policy statement in the Federal Register on March 3 that rescinds a policy adopted over 50 years ago by the HHS that had expanded the opportunity for public comment on certain HHS matters. Effective immediately, HHS agencies may provide notice and comment opportunities in these areas but are no longer required to do so, according to the statement.
The policy to increase public participation in HHS rulemaking was put in place in 1971 during the Nixon administration. Known as the Richardson waiver, named for then-HHS Secretary Elliot Richardson, the policy extended public comment to agency matters of public property, loans, grants, benefits and contracts—areas not subject to notice and comment under the Administrative Procedure Act, which governs the rulemaking process for federal agencies.
National Consumer Protection Week
In recognition of National Consumer Protection Week, March 2-8, the Federal Communications Commission’s Consumer and Governmental Affairs Bureau hosted a webinar raising awareness about common phone-based scams and how consumers can protect themselves from unwanted calls and other frauds. The webinar advised consumers on how to recognize and report scam calls, and offered updates on regulatory actions taken to address these issues. In addition, throughout the week, the FCC posted resources on its Consumer Help Center. The list of topics covered included Unwanted Calls and Texts, Insurance & Healthcare Scam, the Grandparent Scam, Port Out Fraud and information about How to File a Complaint.
National Consumer Protection Week serves as an opportunity to educate people about their rights and empower them with tools to safeguard against fraud. The FCC’s efforts to combat robocalls, spoofing and other deceptive practices align with broader state and federal initiatives to protect consumers from financial and privacy threats. As consumer protection remains a top priority for state legislatures, NCSL encourages policymakers, industry stakeholders and the public to stay informed about the latest developments in phone scam prevention.
Court Updates
Supreme Court Upholds Lower Court Ruling on Funding for Foreign-Aid Assistance
In an unsigned majority opinion, the Supreme Court held 5-4 that the Trump administration may not pause foreign development assistance funding to contractors in place before Trump took office. About $2 billion in funding came from the State Department and USAID. The court upheld a temporary restraining order that the District Court for the D.C. Circuit entered in February. The district court will conduct further proceedings to determine whether an injunction is appropriate at a later date. Justices Samuel Alito, Brett Kavanaugh, Clarence Thomas and Neil Gorsuch dissented, questioning the majority’s position that a district court judge has the “unchecked” authority to compel the government to disburse taxpayer dollars. Read more
Supreme Court Will Weigh Mexico’s US Lawsuit
The government of Mexico has sued the United States seeking compensation from seven gun manufacturers for allegedly aiding and abetting the unlawful sale and trafficking of firearms to Mexican cartels, which has increased crime. Mexico argues that these sales trigger an exception to the Protection of Lawful Commerce in Arms Act. The gun manufacturers argue that Mexico is trying to “bankrupt the American firearms industry” with its lawsuit. Twenty-six states led by Montana filed an amicus brief arguing that the cartels’ access to firearms is the result of Mexico’s policy choices and that a “foreign sovereign’s use of American courts to effectively limit the rights of American citizens is yet another reason to review this case.”
Read more
Supreme Court to Hear Challenge to State Conversion Therapy Ban
In Chiles v. Salazar, the Supreme Court will decide whether Colorado’s law prohibiting mental health professionals from providing “conversion therapy” to clients under the age of 18 is constitutional. Colorado defines conversion therapy as “therapeutic attempts to change a child’s sexual orientation or gender identity.” Violations of the statute trigger admonition letters, cease and desist orders, licensing reviews or fines. A licensed counselor, Kaley Chiles, sued Colorado for injunctive relief arguing that the law violates her First Amendment rights because she cannot fully explore her clients’ beliefs and experiences around sexuality. She is a Christian counselor and argues that her clients who are also people of faith want to “prioritize their faith” above their same-sex attractions. The lower courts ruled against Chiles, holding that the law “regulates professional conduct that incidentally involves speech.” Twelve states filed an amicus brief in this case arguing that states have a strong interest in protecting their licensed professionals against “state-imposed orthodoxy,” and that the lower courts’ decisions impose burdensome restrictions on their ability to counsel their clients. The Supreme Court will decide this case by the end of June. Read more