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States’ Rights

Environment Government 

EPA Limits States’ Power to Review Projects That Affect Water Quality

July 13, 2020July 14, 2020 NICHOLAS IOVINO
Clean Water Act, EPA, permits, pollution, States' Rights, Trump administration

For almost 50 years, states and tribal governments have played an outsized role in deciding whether projects that can harm water quality should receive federal permits — a role that is about to change under a new rule finalized by the Trump administration Monday.

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Government Law National 

DC Statehood Bill Inches Toward Full House Vote

February 11, 2020February 12, 2020 JACK RODGERS
bills, House Oversight Committee, States' Rights, Voting, Washington DC

A bill to make the District of Columbia the nation’s 51st state was met with tumultuous debate during a House Oversight Committee hearing Tuesday, before it is set to be scrutinized by another panel on its way to the House floor.

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Government National 

Advocates Push for DC Statehood in House Committee Hearing

September 19, 2019September 19, 2019 JACK RODGERS
Congress, States' Rights, Washington DC

Advocates for Washington, D.C., statehood handed out stickers proclaiming “I Showed Up 4 D.C. Statehood” and packed the Rayburn House Office Building Thursday, for the first House committee hearing since 1993 on the proposal to make the District the 51st state in the U.S.

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Appeals Courts National 

High Court Weighs Extent of State Sovereignty

January 9, 2019January 9, 2019 TIM RYAN
California, jurisdiction, Nevada, sovereignty, States' Rights, U.S. Supreme Court

An attorney for California’s tax agency on Wednesday told the Supreme Court justices a 1979 decision that allows a state to be sued in another state’s court without its consent has upended the relationship between the states that is central to the “genius” of the Constitution.

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Courts Government Law 

Genital-Mutilation Charges Dismissed in Detroit-Area Case

November 20, 2018November 21, 2018 ASSOCIATED PRESS
Commerce Clause, gender, Medicine, Michigan, States' Rights

A federal judge dismissed some charges Tuesday against eight people — including two doctors — in the genital mutilation of nine girls at a suburban Detroit clinic, finding it’s up to states rather than Congress to regulate the practice.

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Appeals Environment Government 

Justices Clarify Jurisdiction for Water-Rule Challenges

January 22, 2018 KEVIN LESSMILLER
EPA, jurisdiction, Sixth Circuit, States' Rights, U.S. Supreme Court, water

The Supreme Court ruled unanimously Monday that any legal challenge of what waters are subject to federal protection must be brought in a trial court, not a federal appeals court.

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Appeals Environment Government 

High Court Dissects US Role in State Water Disputes

January 8, 2018January 8, 2018 TIM RYAN
colorado, Florida, Georgia, Mexico, New Mexico, States' Rights, Texas, U.S. Supreme Court, water

U.S. involvement in one state dispute over water rights, and the government’s absence from another, rankled the Supreme Court this morning in its first two hearings of the new year.

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Appeals Government Law National Sports 

Supreme Court to Hear Sports Gambling Case Monday

December 2, 2017December 2, 2017 TIM RYAN
gambling, New Jersey, States' Rights, U.S. Supreme Court

On Monday the Supreme Court will hear a challenge to a federal gambling law that could have sweeping implications not just for sports betting but for the intersection of federal and state laws.

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Entertainment Government Politics 

Trump Officials Taken to Court on New Connecticut Casino

November 30, 2017 CHRISTINE STUART
casinos, Connecticut, gaming, Native Americans, regulation, States' Rights, tribal issues, Trump administration

Federal regulatory delays have put plans for a new casino in Connecticut in limbo, the state and its two federally recognized tribal nations claim in a federal complaint.

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Appeals Government 

Thomas Outraged in Dissent to Oneida Land Dispute

November 27, 2017November 28, 2017 BARBARA LEONARD
Commerce Clause, Native Americans, New York, property rights, States' Rights, tribal issues, U.S. Supreme Court

Calling it absurd that judges have supported a decision by the federal government to take New York land into trust for a tribe of Native Americans, Supreme Court Justice Clarence Thomas said Monday his colleagues turned down a worthwhile case.

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Appeals Government 

States Ask High Court to Define ‘Fractured’ Groundwater Rights

August 8, 2017August 9, 2017 MIKE HEUER
groundwater, Ninth Circuit, States' Rights, U.S. Supreme Court, water

Ten states on Tuesday asked the U.S. Supreme Court to clarify a recent Ninth Circuit ruling that they say essentially wiped out state groundwater rights in favor of federal oversight.

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Consumers Courts 

Judge Balks at States’ Pursuit of VW in Emissions Scandal

August 1, 2017August 2, 2017 NICHOLAS IOVINO
emissions, States' Rights, Volkswagen

A federal judge signaled Wednesday that states like Wyoming likely can’t seek additional penalties against Volkswagen for installing emissions-cheating software in some 580,000 vehicles sold in the United States.

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Appeals Government Health 

Gorsuch Closes Out for Summer Hiatus With Pair of Dissents

June 26, 2017June 26, 2017 BARBARA LEONARD
disability, Law5, Medicine, military, Mississippi, property, States' Rights, U.S. Supreme Court, veterans

A property-rights dispute denied Monday by the Supreme Court led Justice Neil Gorsuch to note in a brief dissent that the issue is one worth exploring with a stronger case.

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Appeals Environment 

Freight Rail Fight Could Impact Calif. High-Speed Rail Project

May 3, 2017May 12, 2017 MATTHEW RENDA
California, high-speed rail, railroad, States' Rights

An impending decision by the California Supreme Court over whether the state or federal government has jurisdiction in railway decisions could have major implications for the Golden State’s high-speed rail project.

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Education Government Religion 

Missouri Stumbles With Church-State Case at High Court

April 19, 2017April 19, 2017 BRITAIN EAKIN
children, churches, establishment clause, schools, States' Rights

In the biggest Establishment Clause case to hit the Supreme Court in decades, attorneys for Missouri struggled Wednesday to defend its withholding of a grant that would improve school safety.

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Appeals Business Consumers 

Justices Back Insurance Subrogation Policies

April 18, 2017April 18, 2017 BARBARA LEONARD
Insurance, Missouri, States' Rights, U.S. Supreme Court

Reinforcing insurance subrogation provisions, the U.S. Supreme Court was unanimous Tuesday that federal regulations clearly put state laws second to such policies.

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Government Politics 

Tennessee Takes Federal Refugee Program to Court

March 13, 2017November 1, 2017 KEVIN LESSMILLER
immigration, Medicaid, refugees, sovereignty, States' Rights, Tennessee

Tennessee sued the federal government Monday, claiming it violated the 10th Amendment by threatening the Volunteer State with Medicaid cuts unless it agrees to help fund the resettlement of refugees in the U.S.

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Government 

Tucson Says New State Law Tramples Local Rights

December 14, 2016June 23, 2017 LOURDES MEDRANO
Arizona, firearms, Guns, States' Rights

Tucson and the state of Arizona are headed for a showdown in court over whether the city has the right to destroy confiscated guns, among other local-control issues.

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Environment Government 

States Claim Feds Are Trampling On Their Land and Water Rights

December 1, 2016 TRACEY DALZELL WALSH
endangered species, Secondary, States' Rights

Eighteen states, including Alabama, are challenging two newly-issued regulations under the Endangered Species Act that they claim are an attempt by the U.S. Fish and Wildlife Service to expand its regulatory authority and control their lands and waters.

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