Legislative and Policy

Highlighting state and national legislative news, focusing on some of the most important policy issues of the day.

The Commodification of the Human Body & the Legal Status of Body Parts

May 15, 2021

The common law says very little about our rights to dispose of or profit from our bodies. If body parts are given value, then that puts a price on human life. The failure to address this issue has led to the promulgation of just that issue, regardless of whether society is ready to confront it. [...]

Blanket Immunity in the Face of COVID-19: Disparate Public Policy Impact for North Carolina Nursing Home Residents

May 1, 2021

As COVID-19 began to sweep the nation in the Spring of 2020, many state governments began taking measures to protect the nation’s health care workforce during such unprecedented times. Among these measures were actions taken by state officials from both the executive and legislative branches that aimed to mitigate health care workforce barriers, slow the spread of COVID-19, and shield health care providers from civil liability for COVID-19-related claims. Many argue that these state actions, [...]

Brave New World? States Take First Steps Towards Decriminalization of Hallucinogens

November 27, 2020

While the debate regarding the legalization of marijuana has occupied the forefront of the national stage, an argument to decriminalize another class of prohibited substances has also been building steam: hallucinogens.  Currently, hallucinogens like psilocybin, colloquially known as “magic mushrooms,” are classified by the Drug Enforcement Administration as a Schedule I drug, in the same category as heroin, LSD, and ecstasy.  Under their current classification, these drugs have no [...]

Supreme Court Ruling in Espinoza Has the Potential to Change School Choices for Students in Many States

October 3, 2020

The Supreme Court has had another opportunity to address the tension between the religion clauses: the Establishment Clause, which prohibits the government from establishing a religion, and the Free Exercise Clause, which requires the government to accommodate individuals to freely follow their religious beliefs or practices.  Recently, the tension has surfaced most often concerning education funding and school choice programs.  In January, the United States Supreme Court heard oral arguments [...]

Signed. Sealed. Delivered?

August 11, 2020

Amid government efforts to quell correspondence of prisoners, prisoners seek to enforce their fundamental First Amendment free speech rights, compelling federal courts to discharge their duty to protect them and create a clear standard by which the government should be bound in preserving this Constitutional covenant. [...]

North Carolina Medicaid: Caught in the Middle of a Political Stand-off

May 26, 2020

North Carolina’s Medicaid program provides healthcare for 2.2 million low-income seniors, disabled persons, children, and their families.  The state Medicaid program costs over $14 billion annually, with the federal government contributing $2 for every $1 paid by the state.  Currently, the state Medicaid program operates under a fee-for-service model.  For every service that a provider renders to a Medicaid enrollee, the service is billed to the state at a predetermined reimbursement rate. [...]

Environmental Groups Petition Supreme Court to Halt Construction of Border Wall

May 15, 2020

One of the most hotly politicized issues in the United States this year is whether the President has the authority to direct the construction of a wall on the southern border between the United States and Mexico.  Passionate arguments arose from all sides of the issue, and even made its way through the court system.  In 2019, the Supreme Court ruled that the Trump administration has the authority to redirect funds allocated to the military towards construction of a border wall.  However, [...]

E-cigs Going Up in Smoke: FDA Cracks Down on Vape Products Marketed towards Minors

April 10, 2020

With e-cigarette use among youth rising to epidemic levels, Juul and other e-cigarette companies are facing greater scrutiny, more attention from regulatory agencies, and private litigation.  On December 20, 2019, President Trump signed into law an amendment to the Federal Food, Drug, and Cosmetic Act, raising the federal minimum age for the sale of tobacco products from 18 to 21 years, effective immediately. The amendment follows a statement by the Trump Administration in September 2019, [...]

Will Forbidding Questions About Salary History Help Close the Wage Gap?

March 20, 2020

Should employers ask you about your salary history when interviewing you for a job? The growing trend says no, and many argue this question is unnecessary to find the perfect candidates for job openings. City and state governments are contemplating this question in an effort to close the wage gap between male and female employees. Since 2017, there have been seventeen state-wide laws and twenty local ordinances across the country addressing this issue. Some of these prohibitions prevent only [...]

Second Amendment Super Bowl: An Overview of the Second Amendment Sanctuary Movement

March 16, 2020

“This is like the Super Bowl for the Second Amendment right here,” an AR-15 wielding activist told Associated Press reporters right outside the Virginia state Capitol building.  This gun-rights activist was just one of the estimated 22,000 protestors in attendance outside the Virginia Capitol this past Martin Luther King Jr. day.  Days later, gun-rights activists in Kentucky took it one step further and demonstrated their support for gun-rights by physically wielding firearms inside the [...]

Supreme Court to Decide Whether Sexual Orientation is a Protected Class in the Workplace

February 16, 2020

The United States Supreme Court heard some of the most anticipated legal issues of the October court term.  Among these cases, the Court will decide whether Title VII in the Civil Rights Act of 1964 (Title VII), one of the fundamental federal employment discrimination statutes, covers sexual orientation discrimination in the workplace.  Currently, Title VII explicitly prohibits discrimination in employment based on race, color, religion, sex, and national origin.  The statute has never been [...]

North Carolina: The Last Frontier for Equality in Domestic Violence Protections for Same-Sex Couples

February 8, 2020

North Carolina is the only state that does not recognize equivalent domestic violence protection for same-sex couples as it does for opposite-sex couples.  See Am. Bar Ass’n, Domestic Violence Civil Protection Orders (CPOs), (2014).  Chapter 50B domestic violence protection orders are restricted to only opposite-sex dating relationships in North Carolina.  N.C. Gen. Stat. § 50B-1(b).  The resulting discrimination against the unprotected and vulnerable parties in same-sex dating [...]
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