Utah
Utah lawmakers address federalism while working to balance state, federal jurisdiction
A new bill dealing with federal and state jurisdictional conflict is just one of multiple bills this session meant to deal with federal government overreach and emphasize Utah’s sovereignty.
HB380 establishes a mechanism to deal with jurisdictional conflict between the state and federal governments. It establishes a clear understanding that the federal government has a limited jurisdiction while the state has general jurisdiction.
“It’s the burden of the federal government to prove that it has jurisdiction when it’s acting,” said the bill’s sponsor Rep. Ken Ivory, R-West Jordan. “It’s their obligation to prove where they have authority.”
The goal of the bill is to keep the federal government from overstepping into state matters and it establishes what to if that does happen.
This bill also emphasizes specific areas where states have jurisdiction. These areas are natural resources, water resources and water rights, agriculture, education and energy resources.
“I think it’s just part of the progression of states rediscovering the general jurisdiction of states. For far too long, states have acted subservient, and that’s not the way our system was designed,” Ivory said.
According to Ivory, the general governing jurisdiction lies with the states while the constitution delegates few things to the federal government that are mostly interstate and international.
“Most of the things that concern the life, liberty, property of people are held by governments that more local, more accountable,” Ivory said. “So this just reestablishes that baseline, and then sets up, almost like a mediation process, rather than, a bully process.”
The bill also cites the Ninth and 10th amendments of the U.S. Constitution which both deal with rights not delegated to the federal government.
The 10th Amendment delegates all powers not given to the federal government to the states and to the people. The Ninth Amendment gives people power and sovereignty over things that don’t need government oversight such as how people brush their teeth or what clothes they buy.
There is another piece of legislation this session that also emphasizes the rights delegated by the 10th Amendment. SJR6 reaffirm’s Utah’s sovereignty under this amendment and includes the Legislature pledging to safeguard that sovereignty from unconstitutional federal overreach.
Why are these pieces of legislation necessary?
Ivory said that the Constitution is a genius document which sets up an incredible governing structure, but this structure requires both monitoring and maintenance to make sure the delicate balances and limits are functioning properly.
“If you don’t rotate the tires and change the oil and and check the belts regularly after not even a year that car is going to start operating not properly, and after a decade, you probably can’t even drive it anymore,” Ivory said. “Well, we haven’t been doing the regular maintenance on the vehicle of our government, and that’s what this is about.”
Ivory said these pieces of legislation are meant to help rebalance the relationship and partnership between the state and federal governments. It isn’t just the state government limiting the federal government but also looking for ways to work with the federal government.
“It’s like any organization, when the org chart is out of balance, you rebalance the roles and responsibilities, and that’s what we’re doing,” the representative said.
Ivory said that within a couple years the largest federal expense will be interest on the federal debt and that it is growing more than any other expense. This is unsustainable and needs to be rebalanced.
Over the years the states have allowed those in Washington to take over more and more of the decision-making.
The representative is concerned with the national debt that continues to grow and with that inflation is increasing as well. This is also a concern for the future generations and what life will look like for them.
“I have four grandchildren that I love more than life, and I can’t bear the thought of facing them when they’re trying to make their way in the world, and they say, ‘Grandpa, did you see this coming?’ And I’ll have to say ‘yes.’ And then the next question is going to be, ‘What did you do about it?’” Ivory said.
Utah
Utah victims lose hundreds of thousands to jury duty phone scams cost
FARMINGTON, Utah (KUTV) — A threatening voicemail caught KUTV 2News photojournalist Jeremy Dubas completely off guard near the end of his shift.
The call came from a man claiming to be Sgt. Tyson Young with the Douglas County Sheriff’s Office in Nebraska. The caller told Dubas he had missed jury duty for a major case and that meant jail time.
Dubas, who grew up in Nebraska, has lived in Utah for more than two years. But the caller seemed prepared, saying the subpoena went to an old address and was signed for by someone else on his behalf.
“It’s such a different scam from what I’m used to watching out for,” said Dubas. “I’m still on the phone with him and he said, ‘Okay, so we need to get a payment so we can freeze the warrant for your arrest so you don’t get arrested.’”
About 40 minutes into the call, Dubas sent roughly $200 through PayPal. Within an hour, he realized it was a scam.
MORE | Scam Calls
“I’m very on high alert when I get an email, when I get a phone call, when I get a text message,” he explained. “This one just caught me off guard.”
Investigators with the Davis County Sheriff’s Office here in Utah said Jeremy Dubas is far from alone.
Megan Reid, a detective with Davis County, said the Sheriff’s Office gets at least 30 reports of jury duty scams a day. And Utah is losing a significant amount of money to them.
“Hundreds of thousands,” Reid said. “Just last week, we had a victim lose $12,000. That was their entire savings in that account.”
And it’s not limited to just older adults. Scammers target victims across all age groups, using real detective names and spoofing actual law enforcement phone numbers. They pull personal details from online sources, adding legitimacy to their predatory calls.
The feeling of shame after falling victim often keeps people from reporting what happened.
“This just happened last week,” said Reid. “He drove several cities away to a cryptocurrency ATM that the scammers knew didn’t have warning signs. He lost everything in his savings and hadn’t told his family yet. The money was gone within two minutes.”
In Dubas’ case, PayPal was able to refund his money. Now, he hopes his experience helps warn others.
“I felt dumb for not seeing the signs right away,” said Dubas, later adding, “If it seems like it’s serious and needs to be handled immediately, that’s when you’re supposed to pause and think about what’s really going on.”
The scam is being investigated at the federal level because of how much money is being lost. In some cases, it is possible to recover funds, but investigators said time is critical.
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Utah
As judge decides whether to close the redistricting case, could lawmakers just make a new map?
SALT LAKE CITY — The judge overseeing the lawsuit over Utah’s redistricting process is expected to issue a ruling before Christmas on whether to grant the legislature’s request to close the case, sending it to the Utah Supreme Court.
Lawyers for the Utah State Legislature have urged 3rd District Court Judge Dianna Gibson to issue a final ruling, clearing their path for an appeal. They argued that the case effectively wrapped up once the judge issued a series of rulings on the legality of Proposition 4 and chose a new map for Utah’s congressional districts.
The League of Women Voters of Utah and Mormon Women for Ethical Government basically got what they wanted, argued Frank Chang, an attorney for the Utah State Legislature.
“What if I told you I disagree?” Judge Gibson said to him in the midst of arguments, asking for case law that even allows a case to be closed so abruptly.
During a hastily called hearing on Monday, lawyers for the League and MWEG urged the judge to reject the request. They argued that the case is far from over with claims yet to be addressed and the legislature failed to seek the proper interlocutory appeals when the time was appropriate. The injunctions she entered on Prop. 4 and the new map are preliminary, they argued, and the legislature passed new bills rewriting some of the rules of redistricting, which keeps the case alive.
When Judge Gibson asked if the legislature was essentially right that the case is basically over with the 2026 election? The plaintiffs suggested lawmakers might still bypass the courts and pass a new map in the upcoming legislative session.
“That is sort of a question mark I have in light of some statements, the public statements that have been made by certain legislators,” said Mark Gaber, an attorney for the plaintiffs. “Sen. Weiler, on his podcast, suggested the legislature could pass a new map for the 2026 election if a permanent injunction had been entered. That’s a question I have: if it’s intended by the legislature. If that’s the case? Remedial proceedings could certainly not be done as there would need to be a proceeding as to that new map.”
When Judge Gibson asked Chang about it, he said it was what “one member said in a podcast.”
“If this court is seeking to find out what the intent of the legislature is, it’s the act of the legislature. The most recent one here was what the legislature did in the special session,” he said.
In that special session, lawmakers voted to move the deadline for congressional candidate filings to March and pass a resolution condemning Judge Gibson’s ruling.
As the court hearing as going on, FOX 13 News texted Sen. Todd Weiler, R-Woods Cross, about his remarks. Sen. Weiler (who is an attorney in his day job), replied that he was explaining to listeners the difference between interlocutory and final appeals and just stating “hypotheticals” in response to any stay issued by the Utah Supreme Court.
“But I’m not aware of any plans to do that,” he wrote.
In 2018, voters approved Prop. 4, which created an independent redistricting commission to draw lines for boundaries in congress, legislature and state school board. When the legislature overrode the citizen ballot initiative and passed its own maps, the League and MWEG sued arguing that the people have a right to alter and reform their government. In particular, they alleged the congressional map that the Utah State Legislature approved was gerrymandered to favor Republicans.
The court sided with them, ruling that Prop. 4 is law and throwing out the congressional map. She ordered lawmakers to redraw a new one. They did, under protest, but she rejected their map for not meeting Prop. 4’s neutral redistricting criteria. Instead, she chose a map submitted by the plaintiffs that she declared met the tenets of Prop. 4. It has resulted in a Salt Lake County-centric district that Democratic candidates have rushed to enter, viewing it as more competitive for them.
The Utah State Legislature has argued that it has the sole constitutional right to draw boundaries in redistricting, setting up a legal showdown that will go to the Utah Supreme Court and potentially the U.S. Supreme Court.
Judge Gibson said she planned to issue a ruling before Christmas on whether to finalize the case.
Utah
Keller wins it in OT, Mammoth recover from Jets’ late rally | NHL.com
The goal was Connor’s 300th in the NHL. He is the third player in Jets/Atlanta Thrashers history to hit the mark, behind Scheifele (353) and Ilya Kovalchuk (328).
“Just a pretty cool milestone,” Connor said. “Once you look back on your career, that’s kind of the stuff you’ll remember. But right now it’s focusing on winning, trying to be the best player I can, and helping out.”
Connor scored his second goal at 15:23 of the third period, beating Vejmelka blocker side with a one-timer to cut the lead to 3-2.
“I think we just knew that we needed to be better,” Connor said of the comeback. “I think we were on our toes more, jumping and making plays and hemming them in.”
Barron scored just 25 seconds later, beating Vejmelka glove side with a snap shot tie it 3-3.
“That first period was ugly. It was really ugly,” Winnipeg coach Scott Arniel said. “We got better in the second, certainly dominated in the third, but at the end of the day, you can’t play two periods in this league and look to have success.”
Crouse gave the Mammoth a 1-0 lead at 5:20 of the first period. Guenther skated in from the blue line and shot through the legs of Jets defenseman Logan Stanley to put the puck on Hellebuyck. The rebound of his shot then found Crouse in front, where he scored blocker side with a slap shot.
“We made it interesting on ourselves,” Crouse said. “Definitely not the way we wanted the third period to go, but credit to our group, that’s not easy. They scored two right away and then we went right into OT pretty much, so credit to the group for having the right mindset and being able to get the win.”
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