Government

September 23, 2020

This report captures the shifting state, territorial and local government policies and guidance in response to the COVID-19 pandemic and reopening of the economy in the US by tracking public information from official sources, such as gubernatorial comments, executive actions and guidance. The following states have new or updated information: Illinois, New Jersey, New Mexico, New York, Washington, West Virginia, and Wisconsin. Hereinafter, for ease of reference, the term “state” will refer to all US…

Religion Clause

8th Circuit Hears Oral Arguments On Qualified Immunity In Suit By Christian Student Group

By Howard Friedman

September 23, 2020

The U.S. 8sth Circuit Court of Appeals yesterday heard oral arguments in Business Leaders in Christ v. University of Iowa. (Audio of full oral arguments.) In the case, an Iowa federal district court granted a permanent injunction to a Christian student group that was denied Registered Student Organization status. The denial was based on the University’s Human Rights Policy that prohibits discrimination, among other things, on the basis of sexual orientation. The court…

Capital Thinking

US Executive Branch Update – September 23, 2020

By Stacy Swanson

September 23, 2020

This report provides a snapshot of the US Executive Branch priorities via daily schedules and the prior day’s press releases. POTUS’ Schedule* *The US President (POTUS) and Vice President’s (VPOTUS) daily schedules are subject to change. 11:00 a.m. EDT – THE PRESIDENT delivers remarks in honor of Bay of Pigs Veterans | East Room 3:00 p.m. EDT – THE PRESIDENT participates in a discussion with State Attorneys General on Protecting Consumers from Social Media Abuses…

Municipal Minute

Halloween Guidance Posted by CDC

By Julie Tappendorf

September 22, 2020

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Illinoisans have not yet received official guidance from the State of Illinois on Halloween activities and events. However, yesterday the CDC posted guidance about Halloween activities and other fall holidays on its website that may be of interest to readers. The CDC has assigned various levels of risk to Halloween-related activities. For those wondering how traditional trick-or-treating will be categorized (or its close cousin, “trunk-or-treat”), the CDC has assigned these activities to its “high risk”…

Stafford Rosenbaum Law Blog

Court of Appeals Confirms that an Unimproved Platted Public Road May Not Be Adversely Possessed

By Stafford Rosenbaum

September 22, 2020

A property owner, Timothy Casa De Calvo, sued the Town of Hudson claiming that he adversely possessed real property adjacent to his house. The property in question had been dedicated about 31 years before as a street on a subdivision plat. The Circuit Court granted summary judgment in favor of the Town, and the court of appeals affirmed the judgment. Casa De Calvo v. Town of Hudson, No. 2019AP1851 (Wis. Ct. App. Sept. 9,…

Government Contracts Law

The FAR Council Issues Proposed Rule to Implement Executive Order on Significant Buy American Changes

By Franklin Turner & Cara Wulf

September 22, 2020

Halloween is coming up and, right on cue, the FAR Council has released a proposed rule that has potentially frightening implications for contractors. Last year, on July 15, 2019, the president signed Executive Order 13881 (the E.O.), Maximizing Use of American-Made Goods, Products, and Materials (84 FR 34257, July 18, 2019). As we noted in our previous post on this topic, the E.O. mandated significant changes to Federal Acquisition Regulation (FAR) clauses implementing the Buy…

Capital Thinking

US Executive Branch Update – September 22, 2020

By Stacy Swanson

September 22, 2020

This report provides a snapshot of the US Executive Branch priorities via daily schedules and the prior day’s press releases. POTUS’ Schedule* *The US President (POTUS) and Vice President’s (VPOTUS) daily schedules are subject to change. 12:30 p.m. EDT – THE PRESIDENT receives his intelligence briefing | Oval Office 5:35 p.m. EDT – THE PRESIDENT departs the White House en route to Joint Base Andrews 5:55 p.m. EDT – THE PRESIDENT departs Washington, D.C., en…

Religion Clause

Israel’s High Court Says Disciplinary Panel Required For Municipal Rabb’s Comments

By Howard Friedman

September 22, 2020

A 3-judge panel of Israel’s High Court of Justice ruled yesterday that the country’s Chief Rabbinate must convene a disciplinary panel to try Safed’s Chief Rabbi Shmuel Eliyahu. Jerusalem Post and Haaretz report on the decision. At issue are a number of statements by Eliyahu critical of Arabs and of the LGBTQ community. Also at issue are political statements by Eliyahu. The judges each wrote about the balance between free speech and limits on what a…

Capital Thinking

COVID-19: US State Policy Report – September 19-21, 2020

By Jeff Turner, Traci Martinez, Jill Kirila, Jacqueline Orfield & Emma Vahey

September 21, 2020

This report captures the shifting state, territorial and local government policies and guidance in response to the COVID-19 pandemic and reopening of the economy in the US by tracking public information from official sources, such as gubernatorial comments, executive actions and guidance. The following states have new or updated information: Colorado, District of Columbia, Illinois, Iowa, Maine, New Hampshire, Oregon, Utah, Vermont, Washington, and West Virginia. Hereinafter, for ease of reference, the term “state” will…

Religion Clause

Religion, Law and Justice Ruth Bader Ginsburg– A Tribute

By Howard Friedman

September 21, 2020

Justice Ruth Bader Ginsburg’s body will lie in repose at the Supreme Court on Wednesday and Thursday of this week (Supreme Court press release), and then will lie in state on Friday at the U.S. Capitol. (NBC News). The Supreme Court courtroom has been draped in black in accordance with Supreme Court custom. According to the Supreme Court’s press release announcing her death, a private burial service will take place at…