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Utah Supreme Court to rule on gerrymandering lawsuit on Thursday

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Utah Supreme Court to rule on gerrymandering lawsuit on Thursday


A year to the day since the Utah Supreme Court heard oral arguments in a case testing the extent of the Legislature’s ability to gerrymander political boundaries and rewrite voter-approved initiatives, the justices have made their decision and will issue their opinion in the case Thursday.

At the heart of the issue is the lawsuit filed by a the League of Women Voters, Mormon Women for Ethical Government and a group of Salt Lake County voters who contend the Legislature gerrymandered the state’s congressional districts, carving the most populous and liberal county into four safe Republican districts and depriving them of congressional representation.

The redistricting, they contend, flew in the face of the Better Boundaries ballot initiative, approved by voters in 2018, creating a politically independent redistricting commission and attempting to impose guidelines that would prevent the Republican-dominated Legislature from slicing and dicing areas for political advantage.

The Legislature rewrote that law, watering it down to the point where the maps provided unanimously by the independent commission were merely recommendations that the Legislature could ignore the commission and draw the lines as they saw fit.

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Attorneys for the Legislature argued in the lower court and before the justices last year that the Constitution vests lawmakers with the power to redistrict and the courts don’t have the power to question or alter the outcome. If voters don’t like the maps, they should vote out the legislators who drew them, the lawyers argued.

If the Supreme Court rules the maps were invalid, they could send the issue back to a lower court or tell the Legislature to redraw the congressional boundaries (the plaintiffs in the suit did not challenge any of the legislative districts). New boundaries could not take effect until the 2026 election.

“From our perspective, we’ve been consistent for over seven years in saying voters should pick politicians, not the other way around,” Katie Wright, executive director of Better Boundaries, said on Wednesday. “We’re hopeful the court comes to the same conclusion.”

But the larger issue that arose during those Supreme Court arguments: Do legislators have the power to fundamentally undo ballot-passed voter initiatives? Or does a provision of the Utah Constitution stating that “All political power is inherent in the people … and they have the right to alter or reform their government” give the courts the power to step in when legislators reverse the will of voters?

Justice Paige Petersen pointed out during arguments last year that, if lawmakers can undo every initiative passed by voters, the constitutional provision giving power to the people becomes meaningless.

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“When do the people have the last word?” Petersen asked. “You’re saying they can’t have the last word through the initiative process. People structurally don’t ever have the last word.”

Justice John Pearce suggested that courts could exercise a higher level of scrutiny in instances when legislators fundamentally change a ballot measure that would “alter or reform their government,” as they did in this case.

Should the justices wade into that issue, it could have impacts beyond the gerrymandering lawsuit. In addition to the Better Boundaries initiative in 2018, voters passed two other ballot measures — one legalizing medical cannabis in the state and one expanding Medicaid coverage to more low-income Utahns.

The Legislature significantly altered all three.

If Pearce’s theory prevails, the Legislature may be constrained from taking similar measures in the future.

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This story is breaking and may be updated.



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California man in Utah for National Guard duties accused of soliciting ‘teen girl’

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California man in Utah for National Guard duties accused of soliciting ‘teen girl’


SALT LAKE CITY — A California man in Utah, as part of his duties with the National Guard, is accused of trying to solicit sex from a young teenager.

Joshua Ruben Rodriguez, 29, of Fresno, was charged Tuesday in 3rd District Court with attempted rape of a child, a first-degree felony, and enticement of a minor, a second-degree felony.

The investigation began when an agent with the Utah State Bureau of Investigation posed as a 13-year-old girl on a “popular social media site … in an attempt to locate and apprehend adults attempting to have sexual contact with children,” according to charging documents.

On April 16, Rodriguez sent the agent a message — believing he was talking to a teen girl — that stated, “I’ll be direct with you, I would like to get to know you and (have sex with) your mind into a daze to where you feel like a woman,” according to charging documents.

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When the “girl” asked if he had a problem with her age, Rodriguez replied, “I don’t have a problem with your age,” the charges state.

The agent told Rodriguez to meet at an apartment complex in Salt Lake County where the girl lived, claiming her mother would be gone. When Rodriguez arrived, he was taken into custody, the charges state.

“(Rodriguez) does not have ties to Utah. He is a resident of Fresno, California. (He) was in town as part of his military service with the California National Guard,” prosecutors stated in charging documents while requesting he be held without bail pending trial.



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One hospitalized in St. George after rollover crash south of Utah-Arizona border

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One hospitalized in St. George after rollover crash south of Utah-Arizona border


One person was hospitalized at the St. George Regional Hospital after a car rolled and caught fire just south of the Utah-Arizona border.

The Beaver Dam and Littlefield Fire Department in Arizona said its crews responded to the crash near the Black Rock Road exit – roughly two miles south of the state border – on Sunday night.

Upon arrival, crews put out the car fire and found the driver had left the scene. A single occupant, who was able to get out of the car on their own, was transported to the hospital by a Beaver Dam ambulance.

MORE | Crashes

Their condition has not been publicly released.

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Details on what led to the crash and the condition of the driver were not immediately available.

The Beaver Dam and Littlefield Fire Department said law enforcement investigated the scene.

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Utah Jazz win coin flip, guaranteed to keep NBA Draft Lottery pick

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Utah Jazz win coin flip, guaranteed to keep NBA Draft Lottery pick


SALT LAKE CITY — The Utah Jazz missed out on the NBA Playoffs, but still scored a big win thanks to a coin flip.

In Monday’s tiebreaker coin flip to determine who had the fourth-worst record in the league last season, the Jazz came out winners over the Sacramento Kings, who had the same 22-60 record.

Had the Jazz lost the coin flip, they would have been fifth in NBA Draft Lottery odds. Only the worst four teams are guaranteed to remain within the top eight of the lottery.

If Utah had fallen to fifth, there would have been the chance they could have dropped out of the top 8 teams in the lottery, and owed the draft pick to Oklahoma City, which was top-8 protected in a previous trade.

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The Jazz now have an 11.5 percent chance to win the first overall pick in the NBA Draft Lottery, which is scheduled for Sunday, May 10.





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