The Legal Affairs Committee (LAC) advises the National Governors Association (NGA) Executive Committee on whether NGA should participate as amicus curiae in cases of broad interest to Governors and states before the U.S. Supreme Court, federal appellate courts, and state supreme courts.

Governor Mike Beebe, Arkansas —Chair

Governor Pat Quinn, Illinois
Governor Susana Martinez, New Mexico

Legal Affairs Committee Policy

Well informed judicial interpretations of state and federal statutes and the U.S. Constitution are critical for carrying out the intentions of elected officials and for defining the roles of state and federal government. In recognition of this, Governors formed the Legal Affairs Committee (LAC) to advise the Executive Committee on whether NGA should participate as amicus curiae in cases of broad interest to Governors and states before the U.S. Supreme Court, federal appellate courts, and state supreme courts. Governors also helped establish the State and Local Legal Center to present the views of state and local governments on cases before the U.S. Supreme Court.

To ensure that Governors' collective voice is heard on critical issues before the courts, the LAC has the authority to work through the State and Local Legal Center to commit NGA to participate as amicus curiae on cases to be heard before the U.S. Supreme Court. The LAC is to review and advise the Executive Committee on all other requests for NGA to participate as amicus curiae in petitions for certiorari to or cases before the U.S. Supreme Court, and in cases to be heard at the federal appellate court or state supreme court levels.

State and Local Legal Center

The State and Local Legal Center (SLLC) helps state and local governments establish an effective presence before the United States Supreme Court. In its almost 30 year history, SLLC has filed more than 300 “friend-of-the-court” briefs in the Supreme Court in key cases that raise important questions on federalism and other constitutional matters for state and local governments.

The SLLC was founded in 1983 by seven national organizations representing state and local elected and appointed officials, which include the National Governors Association, the National Conference of State Legislatures, The Council of State Governments, the National Association of Counties, the National League of Cities, the U.S. Conference of Mayors and the International City/County Management Association. These organizations oversee the SLLC and are responsible for its operations.

For more information, visit the SLLC website at http://www.statelocallc.org/

Recent Cases:

  • Brief of Amicus Curiae National Governors Association in support of the Governor of Iowa in the case of Godfrey v. State of Iowa; Terry Branstad, Governor, et al. The amicus brief filed by the National Governors Association in this interlocutory appeal before the Iowa Supreme Court on a question of law regarding governmental immunity supports the position that the question of immunity for public officials should not be subjected to full litigation itself.

  • Brief of the State and Local Legal Center (“SLLC”) Amici Curiae (National Governors Association, National Conference of State Legislatures, Council of State Governments, National League of Cities, National Association of Counties, International City/County Management Association, and International Municipal Lawyers Association) to the United States Supreme Court in the case of Koontz v. St. Johns River Water Management District, No. 11-1447. The Court will consider whether the “essential nexus” and “rough proportionality” tests set out in Nollan v. California Coastal Commission, 483 U.S. 825 (1987) and Dolan v. City of Tigard, 512 U.S. 374 (1994) apply to conditioning receipt of a land-use permit on paying money, and whether a takings has occurred if the government does not issue a land-use permit. The SLLC’s amicus brief argues the answer to both questions should be “no”. Oral argument will be heard in this case on January 15, 2013. The Supreme Court will issue an opinion in this case by June 30, 2013.

  • Brief of the State and Local Legal Center (“SLLC”) Amici Curiae (National Governors Association, National Conference of State Legislatures, Council of State Governments, National Association of Counties, International City/County Management Association, United States Conference of Mayors, International Municipal Lawyers Association, and National Sheriffs’ Association) to the United States Supreme Court in the case of Maryland v. King, No. 12-207. The Court will decide whether the Fourth Amendment allows states to collect and analyze DNA, without a warrant, from people arrested and charged with serious crimes. While courts generally have upheld DNA collections from convicted criminals, this case addresses the constitutionality of extending collections to arrestees of particular violent felonies. More than half of the states have laws permitting such DNA collection that would be at risk if the Court upholds the Maryland Court of Appeals decision. But, courts have been at odds on just when such samples can be collected and the information distributed. The SLLC’s amicus brief argues that DNA arrest laws are presumed constitutional and have been adopted based on sound policy considerations. Oral argument in this case is on January 8, 2013. The Supreme Court will issue an opinion in this case by June 30, 2013.

  • Brief of Amici Curiae (National Governors Association, National Conference of State Legislatures, Council of State Governments, National Association of Counties, International City/County Management Association, National League of Cities, United States Conference of Mayors, Government Finance Officers Association, and the City of New York) to the United States Supreme Court in the case of Delia v. E.M.A., No. 12-98.

    The Court on January 8, 2013, will consider the scope of state power to recover funds spent on providing medical care for Medicaid recipients when the patient has received funds from another source. The Medicaid Act requires participating states to seek reimbursement from third-party tortfeasors for health-care expenditures made to qualifying Medicaid recipients. 42 U.S.C. §§1396a(a)(25), 1396k(a). North Carolina law provides that, where a settlement agreement does not specify the allocation of a lump-sum recovery, then the State has a subrogation right to, and may assert a lien upon, the lesser of one-third of the recipient’s recovery or the State’s actual medical expenditures on recipient’s behalf. N.C. Gen. Stat. §108A-57 (2011). The Ahlborn Court, however, held that the general “anti-lien” provision in federal Medicaid law (42 U.S.C. §1396p) prohibits a state from recovering any portion of a settlement or judgment not attributed to medical expenses. Arkansas Department of Health & Human Services v. Ahlborn, 547 U.S. 268 (2006). The parties do not dispute that the State is entitled to some reimbursement, just the amount. NGA signed onto an amicus brief sponsored by the SLLC on behalf of the Petitioner.

  • Brief of Amici Curiae (National Governors Association and Council of State Governments) to the United States Supreme Court in the case of Lincoln D. Chafee v. United States, No. 12-223.

    In early 2012, Rhode Island Gov. Chafee requested NGA’s amicus participation in this case before the federal First Circuit Court of Appeals. NGA filed an amicus brief on behalf of the Governor, as Intervenor. The First Circuit, however, ruled 3-2 against the defendant and the Governor, on the question whether the federal government could avoid its contractual obligations under an interstate compact and compel the Governor to transfer the defendant into federal custody. The Governor had denied the transfer request under the terms of the Interstate Agreement on Detainers because it would have placed the defendant at risk of capital punishment prohibited in Rhode Island. The Governor has petitioned the U.S. Supreme Court to accept the case during its October 2012 term and reverse the First Circuit decision.

  • Brief of Amici Curiae (National Governors Association, Government Finance Officers Association, National League of Cities, National Conference of State Legislatures, Council of State Governments, U.S. Conference of Mayors, International Municipal Lawyers Association, and International City/County Management Association) to the United States Supreme Court in the case of Commonwealth of Kentucky Department of Revenue v. Davis, No. 06-666 (2007).

    The Court will consider whether Kentucky's income tax exemption for interest on municipal bonds issued by the Commonwealth or its political subdivisions violates the dormant Commerce Clause because Kentucky does not exempt interest earned by Kentucky taxpayers on bonds issued by other States or their political subdivisions.

  • Brief of Amicus Curiae National Governors Association in support of the Governor of Washington in the case of Washington State Farm Bureau Federation, Washington State Grange, National Federation of Independent Business, Building Industry Association of Washington, Evergreen Freedom Foundation, Washington Association of Realtors, and Steve Neigbhors v. Christine Gregorie, Governor of the State of Washington.

    The amicus brief filed by the National Governors Association urges the Supreme Court of the State of Washington to join the majority of state courts in recognizing that a governor is entitled to certain executive privileges and exemptions.

  • Brief of Amici Curiae (National Conference of State Legislatures, National Governors Association, Council of State Governments, National League of Cities, National Association of Counties, International City-County Management Association and U.S. Conference of Mayors, joined by the Conference of State Bank Supervisors) to the United States Supreme Court in the case of Linda A. Watters, Commissioner, Michigan Office of Insurance and Financial Services, Petitioner v. Wachovia Bank, N.A., and Wachovia Mortgage Company, Respondents.

    The Sixth Circuit Court of appeals upheld rules issued by the Office of the Comptroller of the Currency (OCC) that preempt state authority to regulate state-chartered corporations. The amicus brief filed by the listed organizations argues that Congress did not intend for the OCC to issue rules preempting state authority to regulate state-chartered corporations; the Sixth Circuit Court of Appeals failed to require the OCC to demonstrate that its preemptive rules were consistent with Congressional intent; and the Chevron case should not be applied to preemptive rules issued by federal agencies.

  • Brief of Amicus Curiae National Governors Association in support of the Governor of Arizona in the case of Forty-Seventh Legislature of the State of Arizona vs. Janet Napolitano, Governor of the State of Arizona.
  • Brief of Amicus Curiae National Governors Association in support of petition for writ of certiorari regarding William W. Wilkins, Tax Commissioner for the State of Ohio, et al., Petitioners, v. Charlotte Cuno, et al., Respondents.
  • Brief (of the National Governors Association, National League of Cities, International Municipal Lawyers Association, National Association of Counties, National Conference of State Legislatures, U.S. Conference of Mayors, Governor Finance Officers Association, and International City/County Management Association as Amici Curiae) to the United States Supreme Court expressing support for Ohio's petition for a writ of certiorari regarding William W. Wilkins, Tax Commissioner for the State of Ohio, et al., Petitioners, v. Charlotte Cuno, et al., Respondents.
  • Brief (of the National Conference of State Legislatures, National Association of Counties, National League of Cities, U.S. Conference of Mayors, International City-County Management Association, and International Municipal Lawyers Association as Amici Curiae) to the United States Supreme Court expressing support for Hawaii's petition for writ of certiorari regarding Linda Lingle, Governor of the State of Hawaii, and Mark J. Bennett, Attorney General of the State of Hawaii, Petitioners, v. Chevron USA, Inc., Respondent.