News Highlights

Concepts of God determine voting habits (Morning News).

Republican lawmakers and the governor are negotiating final details of the tax reform plan expected to come before a special legislative session on Sept. 19 (Salt Lake Tribune).

Case of 9/11 conspiracy theorist Steven Jones being placed on paid leave by BYU sets off academic freedom debate (Deseret Morning News).

Former BYU professor Jeffrey Nielsen, fired over gay marriage stance, now teaching elsewhere (Morning News).

Tribune editorial opposes commercial development at This is the Place Heritage Park and says maybe the LDS Church should take over.

Morning News editorial says law that allows guns on college campuses ought to be changed.

Quote of the Day

"This is about very rich and powerful people who think they can take my water because they have the money to do it. But it doesn't mean I'm giving up."

-- Callao, Utah, rancher Cecil Garland who, along with other ranchers, believe Nevada officials and federal agencies are doing an “end run” to approve a massive groundwater pumping project in eastern Nevada’s Snake Valley (Tribune).

New UPD Feature

Court Cases With Policy Implications

The courts play a significant role in shaping public policy.   More often than not, this is done in a context of two parties whose interests rarely go beyond the bottom line issue of winning and losing.   It is possible, though, for organizations with broader interests in the development of law and public policy to provide input on the larger context of a particular court decision. The most common way is by submitting an “amicus” or “friend of the court” brief.   A second way is to participate in the Court’s rulemaking process.

To help readers anticipate and better understand these issues, Utah Policy Daily and the Constitutional, Appellate, and Public Policy Section of the law firm of Kirton & McConkie are teaming up to provide regular updates on key issues before the courts. This feature will appear twice-monthly in UPD.

Court Watch

Significant Current Cases

By Chet Loftis

We start with two items today.  First is an article I wrote for the Utah Bar Journal which discusses the implications of a recent Utah Supreme Court case that appears to significantly diminish the authority of the Utah Legislature to enact statutes that pertain to “procedural and evidentiary matters” in the courts.  

Second is a brief summary of two cases that will be argued before the Utah Supreme Court this month.

1. Utah Dep’t of Human Services v. Hughes involves a “federally-funded” state employee who the state attempted to fired for running for a seat in the Utah Legislature and asks whether the state or only the federal government has the authority to determine whether the employee’s decision to run constitutes a violation of the federal Hatch Act, a law which prohibits partisan activities.  

In deciding this case, the Court will likely consider the power and intent of the federal government in “preempting” state action in this area, the power of the state in employment matters, the likelihood and potential financial effects of the state losing federal funds for a possible Hatch Act violation, and the rights of this employee.  

2. Duke v. Graham involves the expulsion of a member/manager of a company and, among other things, asks whether a dispute can be subject to arbitration when the underlying statute only refers to resolving the dispute in court.  

In deciding this case, the Court will likely consider the power and intent of the Legislature, the ability of the parties to agree to resolve issues outside of court, and the role and legal significance of arbitration. Click here for more information on these cases.

Blessed Event

Congratulations to Chris and Angela Bleak (Angela did most of the work), who are the proud parents of Sophie Jean Bleak, born on Sept 6, 2006, weighing 7 lbs 4 oz and measuring 20 inches.  Chris, who is chief of staff to House Speaker Greg Curtis, reports that both Mom and Sophie are “happy and healthy and back at home.”

Blog Watch

The Utah Amicus says that in the aftermath of the Sept. 11 terrorist attacks "our great country seems more divided than ever. Conservative messaging has tried to change the word liberal into something dirty while some so-called progressive liberal organizations don't seem to have any tolerance for conservative ideals. But let's be honest; real conservatives and liberals ideals are not being well represented by either side of the fence. Our soaring deficit cannot be deemed a conservative ideal. Believing that it should be our way or the highway is not very progressive or liberal. Maybe its time to re-examine what we truly stand for as Liberals or Conservatives and to again remember that the most important value is when we value each other. Maybe the lesson we should have learned from 9-11 is that we are all American's first" (see also here)... Rep. Craig Frank wants to send you a free book... The Hopeless Writer says Senate candidate Pete Ashdown "is too classy for politics"... coltakashi says of the University of Utah's firearms policy, which was recently ruled to be illegal by the Utah Supreme Court: "I might have a little more sympathy for the University's policy if it had any real prospect of protecting anyone against a person with criminal intent. However, since the campus is totally open to individuals with backpacks and automobiles, whether students, employees or members of the public, and does not conduct any kind of screening to prevent weapons from being brought onto campus, its policy is totally ineffective. Any employee who decided to 'go postal' could enter any building on campus with a firearm in a backpack and start shooting. Any student who went on a 'jihad' (as at the law school in West Virginia) could do so as easily at the campus as at any office building in the city. (Incidentally, the West Virginia student was stopped by other students who were lawfully armed!)"... At Out of Context, Thomas Burr reports: "Massachusetts Gov. Mitt Romney continues to pick up big bucks from the Beehive State in his potential quest for the White House in 2008. According to a recent filing in New Hampshire, one of five states where Republican Romney has set up political action committees, the potential 08er pulled in $73,000 in June from Utahns. Among the donors is Larry H. Miller, who tossed in $5,000. But Romney's biggest fans appear to be members of the banking empire Eccles family. Six members of that family contributed a total of $30,000 to Romney -- all on the same day"... The Maxwell Minute says: "With Governor Huntsman headed to DC, the ball is rolling towards Utah getting that 4th Congressional Seat that the Census stole from us. (Actually, it was my fault. I was on an LDS Church Mission to Texas, and was one of the 30000 or so that weren't counted as Utahns.) If we get the 4th Seat, who runs for it? It'll be a statewide seat until redistricting in 2012, so it's gotta be someone with some political chops, and some serious Name ID. This could be interesting. Therefore, the Maxwell Minute hereby opens nominations for this 'fantasy seat'. And be serious. The first person to suggest Merrill Cook gets banned from the site for life."

National Politics

More Bad News for GOP

Democrats are raising record amounts of money this election cycle, even more than the Republicans in some categories, according to a NationalJournal.com article by Eliza Newlin Carney.

Washington Watch

Hatch Announces HUD Grants

Sen. Orrin Hatch announces more than $3 million in U.S. Department of Housing and Urban Development (HUD) grants for supporting the Provo community: "These grants provide local leaders with critical funds, and the flexibility to use them according to their discretion. I know Mayor Lewis Billings will make good use of these resources to better the lives of many in Provo" (see press release).

Elected Officials Birthday List

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Utah in the National News

Article: "It was Steven Jones's résumé as much as his September 11 research that rapidly turned the Brigham Young University physics professor into one of the most prominent 9/11 conspiracy theorists. But with the university's decision last week to place him on paid leave and review his work, Jones may trade academic standing for another vaunted status, the movement's first martyr. .... If anything, Jones's paid leave will only add to the conspiracy theorists' sense that the establishment is out to get them. James Fetzer, the cofounder of Scholars for 9/11 Truth, noted that President Bush met with Gordon Hinckley, head of the Church of Jesus Christ of Latter-day Saints, in Utah on August 31, and [Fetzer suggests] government involvement in the decision to stop Jones's teaching" (U.S. News & World Report) (see also related stories at National Review Online, The Progressive and Inside Higher Ed).

In interview about his Mormon faith, Mass. Gov. and likely '08 presidential candidate Mitt Romney says: "It bothers me to no end that the term polygamy keeps being associated with my faith. There is nothing more awful, in my view, than the violation of the marriage covenant that one has with one's wife. ... I believe in God, I believe in Jesus Christ as my savior. I'm sure there are differences between the doctrines of my church and the doctrines of other churches that believe in God and Jesus Christ. But I do believe that the values which are part of my heritage are very much the American values that people look for in a leader. And that's why in a state like this one, which is 55 percent Catholic, they wondered about a Mormon guy, but quickly recognized that the values that I have are very much the values of people of faith throughout the land" (The Examiner) (see also related ABC News and National Post stories).

Editorial hails the feds' disapproval of a lease that would have allowed Private Fuel Storage to build a N-waste storage site in Skull Valley (Las Vegas Sun).

Local Headlines

Salt Lake Tribune

- Tax plan getting final tweaks

- Tax: Special session

- Health funds: Focus on kids

- Study shows America flocks to church

- Bull by the horns or plain old bull?

- More defections in the works?

- Food stamp policy takes anti-hunger advocates by surprise

- Bangerter resigns as chairman of UCAT

- Appeals court upholds same union for bus, TRAX drivers

- Utah's fermentation economy

- Editorial: Heritage Park: This is not the place for commercial development

- Editorial: Serving two masters: WVC councilmen should pick one hat to wear

Standard-Examiner

- Editorial: Payday predators

St. George Spectrum
- Editorial: Vision Dixie is proactive

KCPW

- Huntsman heads to Washington

- Gov's education summit to tackle taxes

- SL County Council to consider pandemic flu plan

- Businesses pressure Delta for nonstop flight to Europe

Daily Herald

- Editorial: A plan to inspire achievement

Deseret Morning News

- Congressional team lauds Bush

- BYU action on Jones lamented

- Fired professor stands firm in support of gay marriage

- Views on God may affect voting

- Draper to discuss Corner Canyon

- Outdoors group snubs southern Utah bill

- Utah ranks No. 3 in U.S. on life span

- Agencies drop protest of water plan

- Districts talking small

- Legislator pushes for Juneteenth

- Bangerter steps down as UCAT chairman

- Growth likely for Utah work force

- Marjorie Cortez: Legislature should look again at gun law

- Editorial: A ridiculous power struggle

Please submit calendar items to Daily@UtahPolicy.com

- Sept 12: Gov. Huntsman to give welcoming remarks at Education Summit, 9 a.m., Huntsman Cancer Institute Auditorium.
- Sept 12: Midday Metro at 10 a.m. on KCPW 88.3 FM features conversations with Salt Lake County Clerk Sherrie Swensen on preparations for November’s general election; aspen restoration science and management with experts at this week’s Restoring the West Conference at USU; and the outcome of the Third Annual People’s Summit on Poverty with Bill Tibbitts of the Anti-Hunger Action Committee.
- Sept 12: 2006 Eleanor Roosevelt Award Luncheon, 11:30 a.m. to 1:30 p.m., Marriott Downtown - 75 South West Temple, Salt Lake City. To reserve your place, RSVP by September 6th to tbeard@utdemocrats.org, or call 801-328-1212, Ext. 204.
- Sept 12: Gov. Huntsman to attend Education Summit Reception, 5 p.m., Governor's Mansion.
- Sept 13-15: Utah League of Cities and Towns Annual Convention, Salt Lake Sheraton City Centre, Salt Lake City.
- Sept 13: Gov. Huntsman to attend Zermatt Resort Grand Opening, 11 a.m., Midway.
- Sept 14: Fifth session of the 2006 Sutherland Transcend Series, 8:30 am. Breakfast Keynote presented by Sen. John L. Valentine, president of the Utah State Senate. Morning Seminar and Afternoon Workshop by Dr. Quinn McKay, respected professor, consultant and author of three books on ethics and integrity.  Topic: "Ethical Fitness – Being an Authentic Leader.” The first twenty registrants will receive a copy of Dr. McKay’s most recent book, The Bottom Line on Integrity, prior to the session. Contact Stan Rasmussen at 801-355-1272 or si@sutherlandinstitute.org .
- Sept 14: Water Issues Task Force, 9 a.m., room W125.
- Sept 14: Hinckley Institute of Politics Forum: Understanding Mexico’s Election Crisis, 10:45 a.m., Orson Spencer Hall, Room 255. Guests include Claudio Holzner, Assistant Professor, Political Science Department, U of U; Allison Rowland, Professor of Public Administration at CIDE, Mexico City, visiting professor at the IPIA (Institute of Public and International Affairs), U of U; Raul Lopez Vargas, Ethnologist and Social Activist from Mexico City; Susie Porter, Associate Professor of History and Gender Studies, U of U.
- Sept 14: Gov. Huntsman to testify before Congress, 2 p.m., Washington D.C.
- Sept 15: Gov. Huntsman to attend HB 407 Event with Terry Schow, 10 a.m., Fort Douglas Military Museum.
- Sept 15: Hinckley Institute of Politics Forum: Immigrants Transforming Utah: Entering a New Era of Diversity, 12 p.m., University of Utah, Orson Spencer Hall, Room 255. Guest is Pam Perlich, senior research economist, University of Utah’s Bureau of Economic and Business Research, David S. Eccles School of Business Co-sponsor- The Institute for Public and International Affairs.
- Sept 15: Salt Lake County Republican Party Constitution Day Picnic, 5 to 9 p.m., Wheeler Farm, 6351 South 900 East, Murray. Free Food and Entertainment for the entire family. Invited guest include Sen. Hatch, Rep. LaVar Christensen and Attorney General Mark Shurtleff. County and Statewide Republican Candidates will also attend. For more information, contact Ozwald Balfour at 801-842-5630 or ozmedia@msn.com.
- Sept 15: Salt Lake County Northeast Quadrant Constitution Party meeting, 7 p.m., Home of Gary & Carolyn Alder, 4046 S 700 W, Salt Lake City.
- Sept 16: LDS Home Educators Conference, 8 a.m. to 5:30 p.m., Salt Lake Community College Larry Miller Campus. Paul Mero, President of Sutherland Institute, will speak on "Home Schooling and Freedom." Paul and his wife, Sally, have been home schooling their six children for the past 18 years.
- Sept 16: Green Party Honk 'n' Wave for Peace "U.S. Out of Iraq, Now," featuring Bob Brister, Green Candidate for Utah's 2nd Congressional District, 9 to 10 a.m., NW corner, intersection of State Street and 6400 South. For more information see www.bristerforcongress.org.
- Sept 16: Weber County Constitution Party meeting, 10 a.m., Main Library, 2464 Jefferson Ave., Ogden.
- Sept 16: Green Party Honk 'n' Wave for Peace "U.S. Out of Iraq, Now," featuring Bob Brister, Green Candidate for Utah's 2nd Congressional District, 10 to 11 a.m., NW corner, intersection of State Street and 6400 South. For more information see www.bristerforcongress.org.
- Sept 16: Lt. Gov. Herbert to address attendees of the Silver Beaver Awards Dinner, 4 p.m., BYU Wilkinson Center Main Ballroom, Provo.

- See the entire calendar