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Arizona dispatch: students from 70 law schools and universities debate 20 proposed amendments to the US Constitution at model convention

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Arizona dispatch: students from 70 law schools and universities debate 20 proposed amendments to the US Constitution at model convention


JP Leskovich is a rising 3L at the University of Pittsburgh School of Law and JURIST’s News Managing Editor. He filed this dispatch from Phoenix. This is the second in a series of dispatches he’s filing as an embedded reporter for JURIST at the Model Constitutional Convention sponsored by the Center for Constitutional Design at ASU Law.  

Student delegates at the Model Constitutional Convention being held at Arizona State University’s Sandra Day O’Connor College of Law this Memorial Day weekend debated 20 proposed amendments to the US Constitution in their sessions Saturday.

The proposals covered a range of topics, including environmental protection, national service, future constitutional amendments, court reform, impeachment, gun control, electoral campaign periods, term limits, lifting the cap on the number of representatives in the House of Representatives, the right to marry, limiting presidential pardon power, prohibiting political gerrymandering, instituting restorative justice, abolishing death-qualified juries, Congressional representation for the territories, codifying tribal sovereignty, restricting eminent domain, restricting investment for members of Congress, and prohibiting discrimination based on sex and gender.

Contrary to the first day of the Convention, where we deliberated in smaller committees, the whole Convention—all 110 of us serving as official delegates—debated these amendments in plenary sessions. This resulted in wide-ranging debates on these topics, with heated but constructive conversation about our constitutional future. We were governed by a modified Roberts Rules, which provided us with structure so we could get things done in the time allotted (granted, it did take us nearly 8 hours!).

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In addition to debating the proposals as written, we introduced and voted on a number of amendments to the proposals. This allowed the Convention to express its democratic will and change the proposals. For example, the Equal Rights Amendment was amended to include “sex, gender identity, and sexual orientation,” instead of just “sex.” There were a number of moments where we had to call “division,” which required the chair to count each of the votes. The fact that we need to call “division” so many times showed how contentious many of these amendments were and how difficult it can be to reach a consensus.

One of the first proposals that we discussed was one that would enshrine tribal sovereignty in the US Constitution. Tribal nations in the US are sovereigns, but their sovereignty is often infringed on. This proposal would codify the current status of Indian law in the US to protect tribal sovereignty from Supreme Courts that may not understand the intricacies of Indian law and therefore limit tribal sovereignty.

“Historically, the Supreme Court is not good at doing Indian law,” said Crispin South, a Choctaw law student at Arizona State University who represented Oklahoma and introduced the proposal. “I think Justice Brennan once called Indian law cases ‘chicken shit’ cases.” He pointed to Montana v. US and Oklahoma v. Castro-Huerta, saying that “those cases really for no reason abrogated the sovereignty of tribal nations with very feeble justification.” Therefore, he said, this proposed amendment is necessary to “right some precious wrongs and create a firewall for the current Indian law paradigm.”

During debate, delegates expressed support for recognizing tribal sovereignty and treating tribal nations as equals. As the delegate representing Wisconsin, I emphasized that there are 11 federally recognized tribes in the state and that constructive government-to-government relations are critical to ending the long chain of broken promises and broken treaties. South said he felt good about the debate:

I think it went well. The one bit of opposition we did get was requiring tribal nations to adopt the US Bill of Rights and I think Congress has really already done its job in enacting the Indian Civil Rights Act in that respect. So I don’t think it would be wise at this point to constitutionally require that the Bill of Rights be incorporated against tribes.

Another proposal that received considerable debate was giving the territories full voting rights in Congress. There seemed to be widespread support, with some delegates agitating to provide the territorial delegates to the Convention the ability to vote this weekend. Some expressed concerns about granting territories with small populations two Senators.

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I spoke with Rafael Montero, who was a delegate representing Colorado but is from Puerto Rico, about territorial representation and what it was like to hear people debate his own rights. “I felt the lack of information in regards to the territories and their political status, especially in regards to taxation and how taxation works in relation to how the government already has power over the territories.” He went on to say that, “on the other hand, there were people that I felt very grateful for and in solidarity with for supporting and advocating for those rights.” He emphasized that it’s important for territories to have voting representation in Congress because they are already being governed by the federal government and the President.

There were some more contentious amendments proposed, like one that would prohibit discrimination on the basis of sex and gender. Some more conservative delegates expressed concerns about codifying abortion rights and transgender rights. And some of the women delegates noted that it was mostly men expressing opposition. This was definitely the most tense and contentious debate, but it still remained mostly respectful and productive.

In my first dispatch for this Convention, I expressed optimism that we could be a beacon for a new and more just constitutional order. After a day of debate, I am still optimistic that young Americans can build a better democracy, but that optimism is much more tempered and cautious. The threshold is high, and it is hard to build a broad enough coalition in a nation so divided. We are voting today, so we shall see.

Still, the fact that so many US law students and undergraduates gathered to discuss our constitutional future shows that there is a critical mass of young people that are hungering for democracy to work better.

Opinions expressed in JURIST Dispatches are solely those of our correspondents in the field and do not necessarily reflect the views of JURIST’s editors, staff, donors or the University of Pittsburgh.

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Records: Toddler found alive in hospital morgue after being pronounced dead by Arizona doctor 

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Records: Toddler found alive in hospital morgue after being pronounced dead by Arizona doctor 


GILBERT, AZ — An Arizona toddler was found breathing inside a Gilbert hospital morgue after being declared dead hours earlier by an Arizona doctor, according to police records.

A police report and body camera video reviewed by the ABC15 Investigators show that two Gilbert police officers saw signs of life multiple times, but the toddler was still taken to the hospital’s “cold room,” which is also considered to be the morgue.

One officer wrote in the police report that the baby was pronounced dead “in error” by the Mercy Gilbert doctor even after a tense exchange about a pulse possibly being detected.

The 18-month-old was rushed to Mercy Gilbert Medical Center after he was found inside the family’s pool on Super Bowl Sunday in February.

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It has taken months for the Gilbert police to release public records related to the near-drowning.

The ABC15 Investigators reviewed a half dozen body camera videos, including videos from the initial drowning scene and videos inside the hospital. Most of the videos are heavily blurred, and most of the audio has been muted, but one critical moment was captured between the doctor and the officer.

According to the police report, the officer wrote that a nurse in another room said: “I have a pulse.”

ABC15 is committed to finding the answers you need and holding those accountable.

Submit your news tip to Investigators@abc15.com

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The officer wrote that when he tried to alert the doctor who was with the family in another room, the doctor appeared to dismiss the concerns, “[The doctor] arrogantly told me he was the doctor, he has the medical degree, he went to medical school for a reason, and to let him do his thing.”

Records show that shortly after that exchange, the doctor went on to declare the baby dead.

Over the next hour, two Gilbert police officers continued to document signs of life in their police report.

One officer wrote, “The release of air was audible and visible,” later writing, “It also began to sound like [redacted] was gasping for air.”

The report goes on to say that when medical staff went to move the boy’s body to the morgue, the officer wrote that she “observed what appeared to be another audible gasp.”

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That was not the last time she heard signs of life, either.

While inside the morgue, the officer said, “I again observed what appeared to be a gasp or air release, which was now almost an hour later.”

A nurse who was there said those sounds could be a response to efforts to save the toddler.

Some of the last audio recordings heard on the body camera videos were of an officer telling the family that they could say goodbye.

The report says, hours later, at 11:52 p.m., the Medical Examiner’s transport showed up and found the toddler was breathing inside the hospital morgue. He was then flown to Phoenix Children’s Hospital for treatment.

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An MRI said that the baby had brain damage, and we are told he will need lifelong care.

An attorney representing the family declined to comment.

Mercy Gilbert said in a statement, “This is a heartbreaking situation. We immediately conducted a thorough review of all aspects of the care provided to learn what happened and to make meaningful changes to strengthen our care. Out of respect for the patient’s privacy, we cannot discuss details. We continue to work with the family and their representative. Patient safety and exceptional care is our highest priority.”

HAVE A TIP? Email Investigator Nicole Grigg at nicole.grigg@abc15.com.





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Arizona still pursuing nuclear energy despite hurdles | Arizona Capitol Times

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Arizona still pursuing nuclear energy despite hurdles | Arizona Capitol Times


Key Points:
  • Arizona utilities have begun a siting study to explore building a nuclear facility
  • The project hit a setback when the utilities were denied a Department of Energy grant 
  • Dwindling Colorado River water supplies could also challenge new nuclear growth

Arizona leaders are forging ahead with plans for new nuclear energy generation despite ongoing funding woes and water hurdles. 

At a June 25 Arizona Corporation Commission workshop, utility companies, universities, local governments and private industry stakeholders demonstrated their preparedness and commitment to turning the state’s dreams for a new nuclear power plant into reality. Arizona’s three largest electric utilities announced ahead of the workshop that they have commenced a siting study to find a potential location for the project. 

Arizona Public Service, Salt River Project and Tucson Electric Power are surveying a range of potential sites for a new nuclear plant, including decommissioned coal-fired plants. Commissioners celebrated that announcement at the workshop. 

“With the recent announcement that APS, SRP, and TEP have launched a preliminary siting study for potential new nuclear generation in Arizona, we’re seeing real momentum translate into meaningful action,” Commission Chair Nick Myers said in a statement. “The expertise and collaboration shared throughout this workshop will help ensure we’re prepared to seize the opportunities ahead and build a strong foundation for Arizona’s energy future.”

If all goes according to plan, the companies expect to hold community stakeholder meetings later this year near the potential nuclear sites. The companies will then “evaluate technical, financial and other factors” to determine whether to submit an early site permit application to the federal government.

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However, the utility companies did hit a snag in their process. They did not receive a U.S. Department of Energy grant they applied for in order to help finance that early site permit application, which would need to be submitted to the U.S. Nuclear Regulatory Commission. 

The utilities “will continue to work together to explore future funding opportunities to help mitigate the costs of evaluating potential new nuclear generation,” according to a joint statement. The companies stressed that a new nuclear plant is not a foregone conclusion, and they have not decided whether the potential project would use small modular reactors or large reactors like those at Arizona’s Palo Verde Nuclear Generating Station west of Phoenix.

The June 25 workshop also identified a few other potential obstacles that could slow Arizona’s nuclear energy progress, like supply chain constraints, community backlash and dwindling Colorado River water supplies. 

Cuts to Arizona’s Colorado River water allocation could be the most difficult obstacle for the state to overcome in order to pursue a new nuclear plant. Representatives from the Arizona Department of Water Resources and the Arizona Municipal Water Users Association told commissioners that the Colorado River is no longer a reliable water supply and alternatives will likely require significant investments.

Palo Verde uses recycled wastewater to cool its three nuclear reactors and APS has explored using low-quality groundwater for cooling at the plant. But with water likely to become more scarce and more expensive in Arizona, a cooling source for any new nuclear plant could be a significant hurdle. 

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Proposals attempting to clear the way for new nuclear technologies, like small modular reactors, also did not fare well during this year’s legislative session. Lawmakers introduced six bills that would have preempted local authority or streamlined environmental review processes for small modular reactors, but only one made it to Gov. Katie Hobbs’ desk.

Senate Bill 1418 from Sen. Frank Carroll, R-Sun City West, would have allowed utility companies to bypass the commission’s traditional environmental review process for project siting if the company planned to replace a coal generation unit with a small modular reactor. That bill could have benefited the joint project from APS, SRP and TEP if the companies eventually select small modular reactor technology for the new plant. 

However, Hobbs vetoed the bill, arguing it was not in line with the state’s goal to “responsibly reduce barriers to deploying new energy projects quickly.”

“We are not in the business of picking winners and losers in the energy landscape, and while advancements in small modular reactor technologies are promising, they are still emerging,” Hobbs wrote in a veto letter. “Deploying such a catch-all approach for an emerging technology, as laid out in this bill, is irresponsible.” 

Nevertheless, a potential new nuclear power plant has broad, bipartisan support in Arizona. And some communities are chomping at the bit to bring the technology to their areas, as Navajo County Supervisor Jason Whiting told commissioners on June 25. 

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“Northeastern Arizona’s energy communities… want to be part of it,” Whiting said. “They want to be involved with it. They will embrace this discussion and decision with open arms.”



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Proposed data centers, ICE facility create mixed emotions in rural Arizona town

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Proposed data centers, ICE facility create mixed emotions in rural Arizona town


MARANA, AZ (AZFamily) — Proposals for data centers and ICE detention facilities in Marana are dividing neighbors and turning some against their local leaders.

These are two issues that some Republicans and Democrats are finding themselves agreeing on, as people try to take charge of who and what ends up in their communities.

“Well, first I think everyone on our city council needs to be replaced. What they are doing to Marana and surrounding areas is destroying our future and our kids’ futures,” a Marana resident said.

A recent proposal by the Department of Homeland Security would create an ICE detention center about 3 miles from the community center.

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The property proposed for the ICE facility was a minimum-security prison with a capacity of about 500 people. The release said that renovations will increase capacity to 775, but could expand to over 1,300.

DHS officials say the facility would include more exam rooms, a dental area, and other features.

Arizona’s Family asked DHS for some clarification on those numbers and details. DHS released a statement saying, “ICE does not discuss individual pre-decisional conversations, but when a new facility contract is finalized, information will be available on ICE.gov.”

Data center concerns

Meanwhile, a rezoning application for a data center surfaced on the Town of Marana’s website last week.

It’s the second potential data center in the area and has people itching to get to public comment to voice their concerns.

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“The detention center- we don’t need that here; no one wants that here. The data center- I mean, we already don’t have water and it’s awful; we don’t need another data center. Look at the ones across the country and what they’re doing,” the Marana resident we spoke with said.

Marana Town Manager Terry Rozema said nothing is set in stone.

“There’s so many factors that could come into considering whether or not something is beneficial to a community,” Rozema said.

Supporters of these projects said they will create jobs.

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