Author: Jace Lington
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Maine Supreme Court: Ballot measure violates boundaries of legislative power
On August 13, 2020, the Maine Supreme Court ruled in Avangrid Networks, Inc. v. Secretary of State that a ballot referendum scheduled to appear on the November 2020 ballot was an unconstitutional violation of state separation of powers principles. The judges held that the referendum did not meet the requirements of the state constitution for inclusion…
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Maine Supreme Judicial Court hears arguments about the role of ballot referenda in overturning state administrative agency decisions
On August 5, the Maine Supreme Judicial Court heard oral arguments in a case about whether voters may use the ballot referendum process to reverse actions taken by a state administrative agency. At issue is a ballot referendum set to appear on the November 2020 ballot that would overturn a state agency decision giving a…
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Ballotpedia study shows that no states require administrative agencies to meet higher burdens of proof in proportion to the size of monetary penalties they seek to impose
A Ballotpedia survey of all 50 state constitutions and administrative procedure acts (APAs) revealed that no state constitutions or APAs require administrative agencies to meet higher burdens of proof in proportion to the size of monetary penalties they seek to impose following adjudication. Agency adjudication is a quasi-judicial process that takes place in the executive…
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Ballotpedia survey shows no state constitution or administrative procedure act requires agencies to prove rule violators acted knowingly before imposing penalties
A Ballotpedia survey of all 50 state constitutions and administrative procedure acts (APAs) revealed that no state constitutions or APAs require agencies to prove rule violators acted knowingly before imposing penalties after adjudication. Without those requirements, state agencies may be able to order people and businesses to pay fines for breaking rules without proving whether…
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California sues Trump administration for changing census procedures
California is challenging a Trump administration effort to exclude people who reside in the United States without legal permission from the census numbers used to allocate congressional districts. On July 28, California Attorney General Xavier Becerra filed a lawsuit arguing that the July 21 presidential memorandum entitled “Excluding Illegal Aliens From the Apportionment Base Following…
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U.S. Senate committee approves REINS Act
On July 22, the U.S. Senate Committee on Homeland Security and Governmental Affairs voted to send the Regulations from the Executive in Need of Scrutiny Act (REINS Act) to the full U.S. Senate for a vote without offering any amendments. The REINS Act is a proposal designed to amend the Congressional Review Act (CRA) of…
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Montana governor lawsuit challenges U.S. Bureau of Land Management director nomination
On July 20, Montana Governor Steve Bullock (D) filed a lawsuit aimed at prohibiting acting director of the U.S. Bureau of Land Management (BLM) William Perry Pendley from exercising the director powers of the agency. The lawsuit argues that Pendley, who President Trump officially nominated to become director of BLM on June 30, 2020, serves…
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Consumer Financial Protection Bureau ratifies previous actions after U.S. Supreme Court ruled agency structure unconstitutional
On July 10, the Consumer Financial Protection Bureau (CFPB) published a rule in the Federal Register ratifying several prior actions taken between 2012 and 2020. The rule came in the wake of the U.S. Supreme Court ruling in Seila Law that the agency’s structure was unconstitutional. The new CFPB rule states that court precedent allows…
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U.S. Supreme Court: Agencies had authority to create religious and moral exemptions from Obamacare contraception mandate
With a 7-2 decision in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, the U.S. Supreme Court upheld religious and moral exemptions to Obamacare’s contraception mandate. The majority opinion held that federal agencies followed proper procedures under the Administrative Procedure Act (APA) to create the exemptions, and that the Little Sisters…
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Maine Superior Court: Referendum challenging agency action will remain on November ballot
On June 29th, Cumberland County Superior Court Justice Thomas Warren decided not to remove a Maine ballot referendum from the November 2020 ballot that challenges a state agency decision to give permission to build a high-voltage power line. Opponents of the referendum argued in court that the ballot measure violates the separation of powers provision…