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The Latest Breaking News from State Law

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

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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

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.

Chicago Sun-Times

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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.

Los Angeles Times

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.

WEKU

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

The Independent UK

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.

Axios

Indiana abortion ban blocked by judge, temporarily pausing law

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

The Independent UK

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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.

Tribune News Service

Lawsuit filed after police refuse to release some documents to woman in San Diego State gang-rape case

SAN DIEGO — The lawyer for the young woman who said three former San Diego State University football players raped her at a party last year filed a lawsuit this week accusing the city of failing to release documents that he says should have been given to his client under…

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WEKU

A judge temporarily blocks an Ohio law banning most abortions

The decision to grant a 14-day restraining order against the state law means abortions through 20 weeks' gestation can continue for now.

Daily Mirror

Outrage as teen who killed her sex trafficking rapist forced to pay his family $150,000

Pieper Lewis, 17, stabbed a man 30 times in 2020 who had allegedly raped her but the court said it had 'no option' but to order the huge payment under Iowa state law

Chicago Tribune

GOP candidate for governor Darren Bailey in another controversy with the Jewish community

CHICAGO — Republican governor candidate Darren Bailey has created more controversy with Illinois’ Jewish community after a weekend visit to a Palestinian group where he spoke in front of a map that relabeled Israel as Palestine and said he would consider seeking repeal of a state law banning public pension…

Reason

Geographical Information and the Dormant Commerce Clause: Four Principles

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…

Benzinga

Discontent Grows In Florida Over Delay Of Marijuana Licenses, Appeals Judge Weighs In

Recently, an appeals-court judge upbraided Florida health officials for not following up on promises to grant additional medical cannabis licenses as required by state law.

Reason

This Renegade California Developer Wants To Build a 2,300-Unit Megaproject in a NIMBY Stronghold

A never-before-used state law might make his plans bulletproof.

Reason

Brickbat: Framed

A Pennsylvanian state appellate court has ruled that when state law bars license plates from being "obscured in any manner" it means all parts of the plate, not just the numbers and letters identifying the plate, so cops have the authority to stop drivers because they have frames around their…

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