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The Latest Breaking News from State Law

Sixth Circuit Rules Government Cannot Seize $300,000 in Home Equity to Pay $22,000 Tax Debt

Doing so qualifies as a taking requiring "just compensation" under the Takings Clause of the Fifth Amendment.

Reason

Mississippi judge blocks private schools' tax-funded grants

A Mississippi judge has blocked a state law that put $10 million of federal pandemic relief money into infrastructure grants for private schools

The Independent UK

Supreme Court justices appear skeptical of California animal welfare law

WASHINGTON — The Supreme Court justices sounded wary Tuesday of California’s animal welfare law and its protections for breeding pigs, warning it could set off a wave of state laws that put a wide array of restrictions on products moving nationwide.

Los Angeles Times

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Delaware Supreme Court ends no-excuse mail ballots, same-day voter registration

On Oct. 7, 2022, the Delaware Supreme Court issued a ruling in Albence v. Biggin and Mennella, finding that a state law permitting no-excuse mail-in voting and same-day voter registration was unconstitutional. Voters may now only receive mail ballots under certain conditions and the deadline to register to vote in…

Ballotpedia

No, State Legislators Can't Ban Interstate Abortion Travel

The Constitution's commerce clause guarantees a domestic free trade zone. A state law that bars a resident from traveling to take advantage of another state’s economic activity would be unconstitutional.

Reason

Employers must post salary ranges under new California law

California employers will soon have to post salary ranges in job listings, under a state law intended to address unequal pay for women and minority groups.

Tribune News Service

Lightfoot’s extra pension payments don’t let Springfield off the hook, Civic Federation says

State laws created the police, fire, laborers and municipal employees pension funds, and state lawmakers have a responsibility to consolidate, reform and fund local pension plans, says Civic Federation President Laurence Msall.

Chicago Sun-Times

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State law in four states requires partisan labels for school board elections

Welcome to the Monday, October 3, Brew.

Ballotpedia

Record review: Bailey proud to be lawmaker who tells truth about Illinois’ decline — not one who makes lots of laws

Few of his initiatives wind up in state law books, but they have all helped Bailey quickly make a name for himself as a firebrand devoted to conservative ideology. That includes pride in how few of his bills pass. “We do not need more government — more government like J.B.…

Chicago Sun-Times

"You're Nobody" and the Law: Removing Candidate's Ballotpedia Page Isn't Libelous

From Magistrate Judge Phillip Green's Report & Recommendation Tuesday in Trouten v. Ballotpedia (W.D. Mich.): Plaintiff alleges that Ballotpedia "has withdrew the 'Bryan Trouten for United States House of Representatives Campaign' on their website." Plaintiff alleges that this action constitutes libel and/or defamation under state law. Plaintiff seeks $5,000,000.00 in…

Reason

Hall Pass: Your Ticket to Understanding School Board Politics, Edition #32

Welcome to Hall Pass, a newsletter written to keep you plugged into the conversations driving school board politics and governance.

Ballotpedia

Brickbat: Don't Take Your Guns to Town

David Riley, commander of the American Legion Department of New York, said the group has asked lawmakers for clarification of a new state law banning firearms from "sensitive locations" such as public parks, museums and sports fields. He said the language of the law would seem to ban veterans groups…

Reason

California attorney general warns city of Temecula not to pass abortion ban

LOS ANGELES — California Attorney General Rob Bonta warned there will be "legal action" against the Temecula City Council if it passes an abortion ban in the city in an attempt to override state law.

Los Angeles Times

Idaho universities disallow abortion, contraception referral

Idaho universities are warning staffers not to refer students to abortion providers or emergency contraception because they could face criminal charges under a state law

The Independent UK

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Chicago Sun-Times

Is City Council really ready to show its independence?

Chicago City Council members can select who they want on committees and who should lead them. State law and the city’s own rules clearly spell out they have that power. They just have always opted out and have given the mayor their blessing to do their bidding.

Los Angeles Times

Federal court says California ban on private ICE detention facilities is unconstitutional

LOS ANGELES — A California law banning private prisons and immigrant detention facilities in the state violates the U.S. Constitution when applied to facilities operated on behalf of U.S. Immigration and Customs Enforcement, a federal appellate court ruled Monday.

Los Angeles Times

Michael Hiltzik: The fast-food industry gears up to kill another pro-worker state law

Political PR and advertising firms in California are going to owe Gov. Gavin Newsom a huge favor. That's because by signing the so-called Fast Recovery Act on Sept. 5, he opened the door to what could be hundreds of millions of dollars in spending by fast-food companies to kill it.

WEKU

DOJ's reproductive rights group is watching for state changes that violate federal law

The Justice Department is leading an effort to monitor changes in state law after the Supreme Court overturned the constitutional right to abortion.

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The Independent UK

Ron DeSantis sued to prevent further migrant flights

DeSantis’s office dismisses the lawsuit as political posturing.

The Independent UK

Lawsuit: California utility targeted Asians in pot searches

A data privacy watchdog's lawsuit says a Northern California utility routinely fed customers’ power use information to police so they could target illicit marijuana grows, without requiring a warrant or suspicion of wrongdoing

Axios

DOJ says states can't penalize VA doctors and nurses for abortions allowed by federal law

It's the Biden administration’s latest effort to protect abortion access by arguing that federal law preempts state law.

The Independent UK

Indiana abortion ban blocked by judge, temporarily pausing law

The judge’s ruling determined that a ban unconstitutionally burdens Indiana residents’ rights

Reason

First Amendment Limits on State Laws Targeting Election Misinformation, Part IV

First Amendment implications for state laws targeting election speech.

Ballotpedia

Five measures that would change the initiative process are on the ballot in 2022

In November, there are a total of five measures on the ballot related to the initiative process. A ballot initiative is a way that citizens can propose, amend, or repeal a state law or constitutional provision by collecting signatures from registered voters. Successful signature drives result in an initiative being…

Los Angeles Times

California workers won't have to worry about being fired, or not hired, for off-the-clock marijuana use

It will soon be illegal for California employers to let workers' offsite and outside-of-work marijuana use be a factor in hiring or firing decisions, according to a new state law.

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