In 2018, Progress, Setbacks Both on Display for Democrats in Del. General Assembly
The Delaware General Assembly in 2018 succeeded in passing a number of gun-safety bills and moved one step closer to passing the state's first Equal Rights Amendment. However, the year was marked by dramatic and stinging losses for other major progressive causes.
December 28, 2018 at 01:04 PM
4 minute read
The original version of this story was published on Delaware Law Weekly
The Delaware General Assembly in 2018 succeeded in passing a number of gun-safety bills and moved one step closer to passing the state's first Equal Rights Amendment. However, the year was marked by dramatic and stinging losses for other major progressive causes.
Lawmakers passed a series of gun-related bills to outlaw bump stocks, crack down on straw purchases and restrict access to weapons for people determined to be a threat to themselves or others. However, the session's big-ticket gun legislation—a statewide ban on assault-style weapons—died without a vote in the Senate, despite a last-second attempt to bring the measure to the floor.
The legislation, SB 163, identified 45 types of “assault long guns” and other weapons that would no longer be approved for manufacture, sale and transport in the First State. The bill was modeled after a law in Maryland, which withstood a constitutional challenge from gun-rights advocates in 2017.
But Delaware's bill failed to clear a key committee hurdle in the Senate, dealing a blow to Gov. John Carney and Democrats who had made an assault-weapons ban the centerpiece of a legislative package to address gun violence after a lone gunman killed 17 students at Florida's Stoneman Douglas High School in February.
Some Democrats later launched a campaign to suspend the chamber's rules in order to forgo the standard process and bring the bill to an up-or-down vote. After a heated debate, two Democrats joined all Senate Republicans in rejecting the Hail-Mary maneuver.
A yearslong legislative effort to end Delaware's cash-bail system met a similar end in the session's last days, when the Senate fell three votes shy of the two-thirds majority needed to amend the state's Constitution.
Senate Bill 221, sponsored by Sen. Bryan Townsend, D-Newark, would have amended the state Constitution to expand the range of violent crimes for which pretrial release was unavailable. It had been coupled with a related measure, SB 222, which sought to create the presumption that most defendants will be released before trial with nonmonetary conditions.
Both bills were introduced in 2018 as part of a legislative package that would have moved Delaware toward the ultimate goal of eliminating its cash bail system. After the first vote failed, leaders removed SB 222 from the agenda, capping what was seen as a brutal setback for the bail-reform push.
In Delaware, constitutional amendments must clear two consecutive legislatures by a two-thirds majority, meaning that the changes proposed this session could not go into effect until 2021, at the earliest.
Supporters expect to bring both the assault-style weapons ban and bail-reform bills back in 2019 after a midterm election expanded Democrats' majority in the chamber to 12-9. However, both issues have exposed rifts in the party, and it is not clear whether either measure will pass in the next General Assembly.
Lawmakers in 2018 did, however, move one step closer to approving a state Equal Rights Amendment, which bars public- and private-sector discrimination “on account of sex.” Lawmakers have already introduced the identical second leg of the legislation, which is expected to pass easily in both chambers after the General Assembly reconvenes in January.
A federal ERA was passed by Congress in 1972 but failed to be ratified to the state. Delaware was the third state to approve the federal ERA in March 1972.
The state ERA is similar to the federal measure, but unlike the federal ERA, its scope is not limited to just the public sector, and could have an impact on private employers, attorneys have said.
The 150th General Assembly is scheduled to return Jan. 8.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSoft-Spoken But No-Nonsense: Retired Del. Supreme Court Justice Vaughn Dead at 75
3 minute readThe Del. Supreme Court Could Make the Next Big Move in Anticompetitive Agreements. Here's How.
4 minute readSkadden Partners: String of Securities Wins Highlights Cross-Border Practice
3 minute readCorporate Bankruptcies Slow Down in Q3 as Weil, Davis Polk and Sidley Earn Major Retentions
Trending Stories
Who Got The Work
Dechert partners Andrew J. Levander, Angela M. Liu and Neil A. Steiner have stepped in to defend Arbor Realty Trust and certain executives in a pending securities class action. The complaint, filed July 31 in New York Eastern District Court by Levi & Korsinsky, contends that the defendants concealed a 'toxic' mobile home portfolio, vastly overstated collateral in regards to the company's loans and failed to disclose an investigation of the company by the FBI. The case, assigned to U.S. District Judge Pamela K. Chen, is 1:24-cv-05347, Martin v. Arbor Realty Trust, Inc. et al.
Who Got The Work
Arthur G. Jakoby, Ryan Feeney and Maxim M.L. Nowak from Herrick Feinstein have stepped in to defend Charles Dilluvio and Seacor Capital in a pending securities lawsuit. The complaint, filed Sept. 30 in New York Southern District Court by the Securities and Exchange Commission, accuses the defendants of using consulting agreements, attorney opinion letters and other mechanisms to skirt regulations limiting stock sales by affiliate companies and allowing the defendants to unlawfully profit from sales of Enzolytics stock. The case, assigned to U.S. District Judge Andrew L. Carter Jr., is 1:24-cv-07362, Securities and Exchange Commission v. Zhabilov et al.
Who Got The Work
Clark Hill members Vincent Roskovensky and Kevin B. Watson have entered appearances for Architectural Steel and Associated Products in a pending environmental lawsuit. The complaint, filed Aug. 27 in Pennsylvania Eastern District Court by Brodsky & Smith on behalf of Hung Trinh, accuses the defendant of discharging polluted stormwater from its steel facility without a permit in violation of the Clean Water Act. The case, assigned to U.S. District Judge Gerald J. Pappert, is 2:24-cv-04490, Trinh v. Architectural Steel And Associated Products, Inc.
Who Got The Work
Michael R. Yellin of Cole Schotz has entered an appearance for S2 d/b/a the Shoe Surgeon, Dominic Chambrone a/k/a Dominic Ciambrone and other defendants in a pending trademark infringement lawsuit. The case, filed July 15 in New York Southern District Court by DLA Piper on behalf of Nike, seeks to enjoin Ciambrone and the other defendants in their attempts to build an 'entire multifaceted' retail empire through their unauthorized use of Nike’s trademark rights. The case, assigned to U.S. District Judge Naomi Reice Buchwald, is 1:24-cv-05307, Nike Inc. v. S2, Inc. et al.
Who Got The Work
Sullivan & Cromwell partner Adam S. Paris has entered an appearance for Orthofix Medical in a pending securities class action arising from a proposed acquisition of SeaSpine by Orthofix. The suit, filed Sept. 6 in California Southern District Court, by Girard Sharp and the Hall Firm, contends that the offering materials and related oral communications contained untrue statements of material fact. According to the complaint, the defendants made a series of misrepresentations about Orthofix’s disclosure controls and internal controls over financial reporting and ethical compliance. The case, assigned to U.S. District Judge Linda Lopez, is 3:24-cv-01593, O'Hara v. Orthofix Medical Inc. et al.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250