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The Policy Tracker: April 2016

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The Public Policy Project on Ballotpedia produces a weekly Policy Tracker to report on major national and state public policy news, covering budgets, civil liberties, education, elections, energy and the environment, healthcare, and pensions. This page contains national and state policy stories from April 2016.

April 25, 2016

SCOTUS rules in Harris v. Arizona Independent Redistricting Commission

Click to learn more about Harris v. Arizona Independent Redistricting Commission.

On April 20, 2016, the United States Supreme Court ruled in Harris v. Arizona Independent Redistricting Commission, rejecting the challenge to Arizona's state legislative district map. The plaintiffs claimed that the commission placed a disproportionately large number of non-minority voters in districts dominated by Republicans; meanwhile, the commission allegedly placed many minority voters in smaller districts that tend to vote Democratic. As a result, the plaintiffs argued, more voters overall were placed in districts favoring Republicans than in those favoring Democrats, thereby diluting the votes of citizens in the Republican-dominated districts. The defendants countered that these population deviations resulted from legally defensible efforts to comply with the Voting Rights Act and obtain approval from the United States Department of Justice.[1][2][3]

The court ruled unanimously that the plaintiffs had failed to prove that a partisan gerrymander had taken place. Instead, the court found that the commission had acted in good faith to comply with the Voting Rights Act. Also, the court reaffirmed that minor population deviations between state legislative districts (up to 10 percent) are sometimes permissible, provided that the deviations arise from "legitimate considerations." Associate Justice Stephen Breyer penned the majority opinion, in which all other members of the court joined.[3]

Michigan attorney general announces criminal charges related to Flint water crisis

Click to learn more about the Flint drinking water crisis and environmental policy in Michigan.

On April 20, 2016, Michigan Attorney General Bill Schuette (R) announced criminal charges against three public employees related to water contamination in Flint, Michigan. Two officials from the Michigan Department of Environmental Quality were indicted on felony charges that include evidence tampering and misconduct in office; Flint’s water quality supervisor was also charged with evidence tampering and willful neglect of duty. The three officials could face up to four years in prison. Schuette began an investigation into the water crisis in January 2016; the probe will continue and is expected to result in more indictments. The charges are the first criminal charges against government officials in the Flint drinking water crisis, during which lead from aging pipes contaminated the city’s water supply, making the water unsafe for consumption.[4]

Since the events of the Flint water crisis emerged, much attention has been paid to the issue of ensuring drinking water quality in the coming decades. Since 1965, public spending on water utilities has increased by 42.5 percent, with much of those costs falling on state and local governments. Policymakers have been confronted by the need to repair deteriorating infrastructure in order to maintain water quality as well as the need to keep those reforms affordable.[5]

Mississippi Legislature authorizes creation of new statewide school district

Click here to learn more about public education in Mississippi.

On April 19, the Mississippi State Legislature passed a bill that would create a statewide school district for the takeover of failing schools and districts. Schools that receive an F on the state evaluation for two consecutive years would be taken over by the state, as would entire districts that receive an F for two out of any three consecutive years. The first schools subject to a takeover would be decided after the release of state ratings for the 2015-2016 school year.[6]

The district would be overseen by a new superintendent, which the state Board of Education would be tasked with hiring. To return to local control, schools and districts would need to receive at least a C rating for five consecutive years.[6]

It is unclear whether Governor Phil Bryant (R) will sign the bill. If he does, Mississippi would join five other states with statewide takeover districts: Louisiana, Tennessee, Michigan, Nevada, and Wisconsin. Voters in one other state, Georgia, will decide on a ballot measure this November that would create a statewide district if approved.[7]

UnitedHealth announces decision to exit several Affordable Care Act markets

Click here to learn more about the Affordable Care Act.

On April 19, UnitedHealth Group Inc. announced that it "will drop out of government-organized health insurance markets in at least 16 states," according to Bloomberg. Chief Executive Officer Stephen Hemsley said that the decision is due to the company's losses from participating in the Affordable Care Act, commonly known as Obamacare. The company said it lost $450 million in 2015 and expects to lose $650 million in 2016 in its exchange business.[8]

UnitedHealth is expected to pull out of most of the 34 state-based health insurance exchanges where it is currently operating. The company served about 795,000 enrollees through the exchanges as of March 2016. Current enrollees will keep their coverage through the year, but will have to select a new plan during the next open enrollment period.[8]

Other insurers on the exchanges have also been losing money because, according to a study by Blue Cross Blue Shield, those who have signed up are higher-risk patients with existing conditions who consume more expensive healthcare. Experts and pundits have mixed opinions about the effect of the company pulling out of the healthcare exchanges. Sabrina Corlette, a research professor at Georgetown University's Center on Health Insurance Reforms, commented on the current instability in the healthcare markets, saying, "It's going to take a while for these markets to settle out and stabilize. Some carriers are going to see this as an opportunity and potentially go after business in these areas."[8][9]

April 18, 2016

Federal appeals court orders district court to reconsider case concerning Wisconsin's voter ID

Click to learn more about voter identification laws by state.

On April 12, 2016, the United States Court of Appeals for the 7th Circuit ordered a lower federal court to reconsider a case challenging Wisconsin's voter identification law. The appeals court's unanimous decision did not strike down the requirement, but it did, according to election law expert Rick Hasen, compel the lower court to "consider whether Wisconsin's voter ID law unconstitutionally burdens the right to vote to those voters who face extra burdens in obtaining proper voter identification."[10]

Wisconsin's voter ID law has been the subject of ongoing controversy and litigation. The bill was signed into law by Governor Scott Walker (R) on May 25, 2011. Legal challenges soon followed, but the law was enforced during Wisconsin's February 21, 2012, primary election. In April 2014, a federal district court judge suspended the law, ruling that it violated Section 2 of the Voting Rights Act and the Fourteenth Amendment of the United States Constitution. A federal appeals court overturned this decision in September 2014, ruling that the law could take immediate effect. In October 2014, the United States Supreme Court ordered that the state not enforce the requirement during the November election, though the court did not at that time rule one way or the other on the constitutionality of the law. Ultimately, on March 23, 2015, the United States Supreme Court denied to hear a challenge to the law, thereby allowing the law to take full effect. The photo ID requirement was enforced in each election taking place after April 7, 2015.[11][12][13]

As of April 2016, Wisconsin was one of 19 states that required voters to present photo identification at the polls. Wisconsin's law is considered a strict requirement, meaning that voters who are unable to present valid identification are required to cast provisional ballots. In another 14 states, voters were required to present some other form of identification at the polls (not necessarily a photo ID).

Louisiana Gov. John Bel Edwards releases proposed fiscal year 2017 budget

Click to learn more about Louisiana state budget and finances.

On April 12, 2016, Louisiana Governor John Bel Edwards (D) released his proposal for the state’s fiscal year 2017 budget. Citing shortfalls in the state budget, Edwards said that deep cuts to many state services were necessary to close gaps for the overall improvement of the state’s financial health. The proposal included cuts to the state’s primary college scholarship program (TOPS), cuts to “safety net hospitals” for low-income families, and cuts to education at both the K-12 and college levels. The funding for the TOPS program, in particular, would be reduced by about two-thirds of its current level, leaving the total funds at about $110 million. The state legislature went on to debate several bills that would alter how the TOPS scholarships are awarded in order to reduce fallout from the cuts.[14][15]

In Louisiana, the governor is required to submit his or her proposed budget to the state legislature 45 days prior to the start of the legislature's regular session. The legislature typically adopts a budget in June. A simple majority is required to pass a budget. The fiscal year begins July 1. Louisiana's governor is one of 44 who possess line item veto authority.[16][17]

Sanders and Clinton debate fracking

Click here to learn more about fracking in New York.

While campaigning in New York this week, Bernie Sanders came out strongly against fracking by calling for a nationwide ban on the oil and gas extraction process and promising to push to end the practice worldwide. Fracking has been banned in New York since August 2015. Additionally, Vermont, Sanders' home state, was the first to ban fracking in the United States.[18][19]

Sanders' move put Hillary Clinton on the defensive. Clinton, who previously supported fracking, has moved further left on the issue as the Sanders campaign has called her out for supporting fracking. Since her campaign began, she has gone from supporting fracking to calling for regulations such that she does "not think there will be many places in America where fracking will continue to take place."[20][21]

April 11, 2016

Fracking and home values in Colorado

Click to learn more about fracking and property values in Colorado.

Ballotpedia released a study about the impact of fracking on property values and sales in Colorado in 2015. The study found that "across seven counties in Colorado there was no definitive evidence that fracking negatively or positively impacted 2015 home values and previous home sales. ... Additionally, we do not find any definitive evidence that fracking negatively or positively impacts home prices for those using private water wells." This study coincides with several proposed ballot measures being prepared for the November 2016 ballot that attempt to regulate where and how fracking occurs at the local level in Colorado. One proposed ballot measure would require all oil and gas wells to be a minimum of 2,500 feet from any occupied structures, including homes. Supporters of this and similar measures have said that the measures were proposed on the premise that home values are negatively impacted by oil and gas development. This study also comes a day after a bill that would have given cities more control over oil and gas drilling failed in the Colorado House of Representatives. The full study is available here.

SCOTUS issues ruling in Evenwel v. Abbott

Click to learn more about Evenwel v. Abbott.

On April 4, 2016, the United States Supreme Court ruled in Evenwel v. Abbott that states and localities can use total population counts for redistricting purposes. The case originated in Texas; plaintiffs Sue Evenwel and Edward Pfenninger argued that state legislative district populations should take into account only the number of registered or eligible voters residing within those districts. Total population counts have typically been used for redistricting purposes. Total population tallies include non-voting residents, such as illegal immigrants, prisoners, and children. The plaintiffs alleged that this tabulation method dilutes the voting power of citizens residing in districts that are home to smaller concentrations of non-voting residents.[3][22][23]

The court rejected this argument 8-0, with Associate Justice Ruth Bader Ginsburg penning the majority opinion. Ginsburg wrote, "What constitutional history and our prior decisions strongly suggest, settled practice confirms. Adopting voter-eligible apportionment as constitutional command would upset a well-functioning approach to districting that all 50 states and countless local jurisdictions have followed for decades, even centuries. Appellants have shown no reason for the court to disturb this longstanding use of total population." The majority opinion was joined by Chief Justice John Roberts and Associate Justices Anthony Kennedy, Stephen Breyer, Sonia Sotomayor, and Elena Kagan. Concurring opinions were filed by Associate Justices Samuel Alito and Clarence Thomas.[3]

Deepwater Horizon oil spill settlement finalized

Click here to learn more about energy policy and environmental policy in the United States.

On April 4, 2016, District Court Judge Carl Barbier approved an $18.7 billion settlement between the BP oil company, the federal government, and five Gulf Coast states over BP's role in the 2010 Deepwater Horizon oil spill. The spill began in April 2010 when an explosion caused by a surge of natural gas at the Deepwater Horizon oil rig off the coast of Louisiana resulted in the largest marine oil spill in history. The explosion and subsequent sinking of the oil rig resulted in 11 deaths, 17 injured, and between 2.45 million barrels (BP's estimate) and 4.19 million barrels (the federal government's estimate) of crude oil spilled in the ocean. Under an agreement with the U.S. Department of Justice, the company pleaded guilty to 11 counts of felony manslaughter, violating the Clean Water Act and the Migratory Bird Treaty Act, and additional criminal charges. The company has spent billions of dollars in the aftermath of the spill: $20 billion for a compensation fund for those affected, $4.5 billion in fines for the criminal charges, and the above-mentioned settlement.[24][25]

Offshore crude oil and natural gas drilling has been occurring in the United States since the late 1890s. Drilling offshore has increasingly become part of the debate over what types of fuels should be consumed in the United States. Government statistics show that offshore drilling is getting safer over time; however, fears over a spill of the same magnitude as the 2010 Deepwater Horizon spill have led some environmental groups to lobby for a ban on all offshore drilling. In contrast, proponents of drilling have argued that the economic benefits outweigh the potential risks.[26][27][28][29]

April 4, 2016

Iowa Supreme Court considers voting rights for felons

Click to learn more about Voting rights for convicted felons.

On March 30, 2016, the Iowa Supreme Court heard oral arguments in Griffin v. Branstad. In 2008, plaintiff Kelli Jo Griffin was convicted of a felony drug offense and subsequently lost the right to vote. The state constitution permanently disenfranchises all individuals convicted of "infamous crimes." In 2014, with the assistance of the American Civil Liberties Union, Griffin brought suit against Gov. Terry Branstad (R). Griffin's attorneys called on the court to clarify that "infamous crimes" include only those crimes that constitute an "affront to democratic governance," such as electoral fraud and bribery. Meanwhile, state solicitor Jeffrey Thompson urged the court to uphold the current interpretation of the law, which considers all felonies "infamous crimes." The court is expected to issue a ruling in the case by June 30, 2016.[30][31]

Voting rights for convicted felons vary significantly from state to state. Iowa is one of only two states that permanently disenfranchises all convicted felons (the other state is Florida). On the opposite end of the spectrum, convicted felons in Maine and Vermont retain the right to vote even during incarceration. In four states, voting rights are restored to a convicted criminal immediately upon completion of prison and parole time. In nine states, criminals with certain convictions never regain the right to vote. In 14 states and the District of Columbia, voting rights are restored to a convicted criminal immediately upon completion of his or her prison sentence. In 19 states, convicted felons regain the right to vote after finishing their full sentences, which include prison time, parole, and probation.[32][33][34]

Governor Paul LePage signs "right-to-try" law in Maine

Click to learn more about right-to-try laws.

On March 30, 2016, Governor Paul LePage (R) of Maine signed New England’s first "right-to-try" law. The law allows terminally ill patients with six months or fewer to live to access experimental medication without permission from the Food and Drug Administration, as current federal law requires. The law also protects doctors and drug companies from liability in the event that a patient has an adverse reaction from taking the medication. Insurance companies are not required to cover the cost of experimental treatments if a company decides to charge a patient for access.[35]

Maine is the 27th state nationwide to enact a right-to-try law and the third to do so in 2016. While it is unclear whether any patients have utilized the laws, supporters have said the laws will help patients access experimental medications faster and more easily. Critics have argued that the laws will have little practical effect and may do more harm than good.

California pension system receives pressure to dump Exxon stock

Click to learn more about public pensions in California.

Two Democratic members of the U.S. House of Representatives, Ted Lieu and Mark DeSaulnier (both from California), sent an open letter on March 31, 2016, to CalPERS, the largest public pension system in the country, to divest its funds from ExxonMobil. The oil company is currently under scrutiny after allegations that Exxon had evidence that its business practices and operations were contributing to climate change. CalPERS, which is based in California, currently holds about 13 million shares in ExxonMobil, worth about $1.1 billion. The letter read, in part, as follows: “We have seen no discernable evidence that CalPERS' efforts to engage ExxonMobil have resulted in any significant change in the way the company operates when it comes to taking action on climate change.” Exxon has not acknowledged any wrongdoing and is reportedly looking into "legal options" regarding the accusations.[36][37]

See also

Public policy in the 50 states

Click your state for an overview of policy information in your state.
http://ballotpedia.org/Public policy in STATE


Footnotes

  1. ↑ SCOTUSblog, "The new look at 'one person, one vote,' made simple," July 27, 2015
  2. ↑ Supreme Court of the United States, "Harris v. Arizona Independent Redistricting Commission: Brief for Appellants," accessed December 14, 2015
  3. ↑ 3.0 3.1 3.2 3.3 Supreme Court of the United States, "Harris v. Arizona Independent Redistricting Commission," April 20, 2016 Cite error: Invalid <ref> tag; name "opinion" defined multiple times with different content Cite error: Invalid <ref> tag; name "opinion" defined multiple times with different content
  4. ↑ Detroit Free Press, "Criminal charges today in Flint water crisis," April 20, 2016
  5. ↑ Congressional Budget Office, "Public Spending on Transportation and Water Infrastructure, 1956 to 2014," March 2015
  6. ↑ 6.0 6.1 SunHerald, "Lawmakers agree on statewide takeover school district," April 19, 2016
  7. ↑ Education Commission of the States, "Emerging state turnaround strategies," accessed April 25, 2016
  8. ↑ 8.0 8.1 8.2 Bloomberg, "UnitedHealth to Exit Obamacare in 16 States to Stem Losses," April 19, 2016
  9. ↑ The Washington Post, "UnitedHealth Group to exit Obamacare exchanges in all but a 'handful' of states," April 19, 2016
  10. ↑ Election Law Blog, "Breaking: 7th Cir. Revives As-Applied Challenge to WI Voter ID Law," April 12, 2016
  11. ↑ The New York Times, "Wisconsin Decides Not to Enforce Voter ID Law," March 23, 2015
  12. ↑ New York Times, "Courts Strike Down Voter ID Laws in Wisconsin and Texas," October 9, 2014
  13. ↑ New York Times, "Federal Appeals Court Permits Wisconsin Voter ID Law," September 12, 2014
  14. ↑ The Times-Picayune, "Proposed TOPS cuts hit 66 percent in John Bel Edwards' budget proposal," April 12, 2016
  15. ↑ San Francisco Chronicle, "Proposed budget cuts would hit TOPS, safety net hospitals," April 12, 2016
  16. ↑ National Conference of State Legislatures, "State Experiences with Annual and Biennial Budgeting," updated April 2011
  17. ↑ National Association of State Budget Officers, "Budget Processes in the States, Summer 2008," accessed February 21, 2014
  18. ↑ The New York Times, "‘Fractivists’ Increase Pressure on Hillary Clinton and Bernie Sanders in New York," April 4, 2016
  19. ↑ Politico New York, "New York energy policy now an issue in Clinton-Sanders contest," April 8, 2016
  20. ↑ Fortune, "Hillary Clinton's Pledge to Limit Fracking Falls on Unconvinced Ears," March 7, 2016
  21. ↑ The New York Times, "First Draft Apr. 11," April 11, 2016
  22. ↑ The New York Times, "Supreme Court Rejects Challenge on 'One Person One Vote,'" April 4, 2016
  23. ↑ SCOTUSblog.com, "Evenwel v. Abbott," accessed April 11, 2016
  24. ↑ The New York Times, "U.S. Judge Approves BP Settlement for 2010 Gulf of Mexico Oil Spill," April 4, 2016
  25. ↑ Encyclopedia Britannica, "Deepwater Horizon oil spill of 2010," accessed March 31, 2016
  26. ↑ American Oil and Gas Historical Society, "Offshore Petroleum History," accessed April 1, 2016
  27. ↑ The Guardian, "'A tipping point': record number of Americans see global warming as threat," March 18, 2016
  28. ↑ Center for Biological Diversity, "Offshore Oil Drilling," accessed April 1, 2016
  29. ↑ Columbus State University, "Offshore Oil Drilling The Conventional Method," accessed April 1, 2016
  30. ↑ ABC News, "Justices Struggle With Key Issues in Iowa Voting Rights Case," March 30, 2016
  31. ↑ American Civil Liberties Union, "Gribbin v. Branstad," accessed March 31, 2016
  32. ↑ National Conference of State Legislatures, "Felon Voting Rights," July 15, 2014
  33. ↑ American Civil Liberties Union, "State Criminal Re-enfranchisement Laws," accessed May 26, 2015
  34. ↑ Brennan Center for Justice, "Restoring the Right to Vote by State," March 27, 2014
  35. ↑ NE News Now, "Maine: New England's 1st 'Right to Try' experimental drugs," March 30, 2016
  36. ↑ Business Finance News, "Lawmakers compel CalPERS to divest ExxonMobil corporation stake," accessed April 4, 2016
  37. ↑ Daily Breeze, "South Bay Rep. Ted Lieu to CalPERS: Get rid of ExxonMobil stock," accessed April 4, 2016
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