Tag Archives: sean foss

Sean Foss: Lawmakers Can Tell the Auditor What to Do, but They Shouldn’t

Sean Foss: Lawmakers Can Tell the Auditor What to Do, but They Shouldn’t

This guest post was submitted by Fargo attorney Sean Foss. The recent dispute over the Legislature and Governor’s approval of restrictions on the State Auditor’s ability to perform performance audits has exposed numerous fault lines among our state’s leaders about who should have the ability to investigate and expose the potential misuse of public funds.

Sean Foss: Legalizing Recreational Marijuana Creates Conundrum for Employers

This guest post was submitted by Fargo attorney Sean Foss. As North Dakota voters consider whether to approve Measure 3, which would generally legalize recreational marijuana use for those aged 21 and up, employers in the State face a particularly-difficult conundrum: if the measure passes, it will become illegal for most employers to discriminate against

Sean Foss: For AG Stenehjem, Legal Philosophy Depends on Preferred Policy Outcomes

This guest post was submitted by Fargo attorney Sean Foss. For many conservatives, the late Justice Antonin Scalia is the gold-standard for a jurist. Scalia was famous for his so-called originalist approach to the Constitution, where he attempted to apply the Constitution based upon what he believed was the original intent of its authors. Less

Sean Foss: AG Stenehjem’s Recent Performance Illustrates Need for Independent Counsel on Open Records/Meetings Opinions

On October 27, 2017, Attorney General Wayne Stenehjem issued an Open Records and Meetings opinion regarding a recent visit to North Dakota by EPA Administrator Scott Pruitt. During a meeting on the NDSU campus that was closed to the public but included both Governor Doug Burgum and Attorney General Stenehjem, Pruitt discussed the controversial Waters

Sean Foss: Doug Burgum Should Exercise His Constitutional Right to Threaten a Veto

On February 22, 2017, The Forum published an article on the Legislature’s potential elimination of income-tax breaks for new businesses and residents in Renaissance Zones in cities across the state.  As noted in the story, one of the biggest beneficiaries of such tax breaks has been Kilbourne Group, which is owned and was previously operated

voter id

Sean Foss: North Dakota's Voter ID Law Is Unconstitutional

Last week, a lawsuit funded by the Native American Rights Fund drew statewide headlines for alleging that North Dakota’s voter ID law was unconstitutional under the Voting Rights Act of 1965, U.S. Constitution, and North Dakota Constitution. The lawsuit claims the voter ID law places an undue burden on the Native American plaintiffs, perpetuates historical

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