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Can Utah ignore federal laws and regulations? Legal precedent says no, but legislators want to try.

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Can Utah ignore federal laws and regulations? Legal precedent says no, but legislators want to try.


The Utah Senate advanced a bill giving them the authority to declare federal actions unconstitutional.

(Leah Hogsten | The Salt Lake Tribune) Rep. Paul Ray, R-Clearfield, left and redistricting committee chairman Sen. Scott Sandall, R-Tremonton, right, in the House Building, Room 30, Nov. 8, 2021. Members of the public were against the newly drawn redistricting maps on Monday, the only public hearing for the map proposals.

On Thursday, the Utah Senate advanced a bill to create a process that allows the Legislature to ignore federal laws and regulations if they think those mandates are unconstitutional. However, the Supreme Court has repeatedly ruled that states do not have such authority.

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SB 57 from Sen. Scott Sandall, R-Tremonton, allows the Legislature to pass a resolution declaring any federal action unconstitutional. State officials and agencies would then be directed to ignore or not comply unless a court determines the action complies with the Constitution. That’s the inverse of the current process where states sue the federal government to block a law or regulation.

“There are times when I believe that the state of Utah has been harmed, and the citizens have been harmed through actions that the federal government has placed on the states,” Sandall said.

States have attempted to nullify federal laws and regulations several times. Those efforts have been rejected by the Supreme Court, which has held individual states do not have the authority to declare federal actions unconstitutional because of the Constitution’s Supremacy Clause.

Sen. Todd Weiler, R-Woods Cross, a lawyer, acknowledged that history and legal precedent do not give Utah the authority to ignore the federal government, but he supports the bill anyway.

“I went to law school, a good law school, and I don’t believe that Utah has the power to override the Supremacy Clause. Under the Supremacy Clause, as I understand it, the federal law trumps Utah” Weiler said. “But there’s nothing that I like better, and there’s nothing Utah likes better than sticking it to the federal government. If that’s the intent of the bill, I guess I’m all in favor of it.”

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We could see lawmakers use this new tool to push back against the federal government sooner rather than later. If Sandall’s bill passes both the House and Senate with a two-thirds majority, it will go into effect when Gov. Spencer Cox signs the legislation. Sandall acknowledged there are already a handful of federal regulations that the Legislature may target as soon as this legislative session.

“I know that in the air quality arena, the ozone level regulation that has been placed on the state of Utah, we can’t find a way or a lever to pull that would make us compliant with that simply because most of the ozone that comes into our state is not created here,” Sandall said. “I would be lying if I told you that I hadn’t thought of a few ideas that need to be vetted.”

Legislators said the process could be impacted and even rendered moot by the Supreme Court later this year. A concept called “Chevron deference,” named after the 1984 Supreme Court case Chevron v. Natural Resources Defense Council, requires federal courts to defer to federal agencies on the interpretation and implementation of laws and regulations on everything from the environment to food and drug safety. The Supreme Court heard arguments earlier this week in a case that could overturn that precedent.

Several Senate Republicans are confident the Court is about to upend that standard, which has stood for 40 years.

“I do think the Chevron [deference] will be struck down in June by our Supreme Court,” Sen. Curt Bramble, R-Provo, said. “The problem that the Chevron [deference] created is it basically delegates to powerful federal bureaucrats the ability not only to interpret the law and enforce the law but, in some instances, to make the laws.”

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SB 57 advanced on a straight party-line vote Thursday morning. It faces a final vote in the Senate before it heads to the House.



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Utah hit with largest measles outbreak in over 30 years

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Utah hit with largest measles outbreak in over 30 years


Utah has been hit with the largest measles outbreak in more than 30 years.

The Utah State Epidemiologist stated that it’s the most contagious disease scientists know of.

As of this month, the Utah Department of Health and Human Services reported 115 confirmed cases.

MORE | Measles

“It’s a little surprising to see an uptick in measles, but it’s not surprising to hear that Utah County is one of the places where we have seen more of those cases,” said Elsie, a Utah County resident with several children in local schools. “I think because there’s kind of been a movement towards anti-vaccination.”

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Samantha Marberger, who also lives in Utah County and has a young child, said measles wasn’t something she thought was here.

“I’ve heard of big outbreaks like that in Texas and a few other places, but it wasn’t something that I thought was as local,” she said.

Utah State Epidemiologist Leisha Nolen called the outbreak “extreme” and “really concerning.”

“Why does the health department believe this is happening now? Is this like a delayed reaction of previous low vaccination rates?” 2News asked her.

“Yeah, I think unfortunately our vaccine rates have gone down over time, and we do now have a number of people who are vulnerable to this infection, and they haven’t been protected,” Nolen said. “There also has been cases in neighboring states, and so it was easy to introduce here in Utah.”

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The DHHS stated that roughly 90% of the population is vaccinated, but those rates vary from area to area and aren’t enough to reach herd immunity for measles.

“Measles is highly contagious. It’s the most contagious infection we know of,” Nolen said. “The data historically says that if you have 20 people in a room and somebody with measles comes in, 18 of those people are going to get measles.”

She said that since the outbreak started, the health department has given 30% more vaccines than they did last year at this time. She said most infections can be traced back to southwestern Utah and appear to be from in-state travel.

“It’s likely in Utah, many hundreds of Utahns who are vaccinated have been exposed to this virus, and they did not know it, and their bodies fought it off as it should,” Nolen said.

The second largest outbreak in Utah is in Utah County, with 10 confirmed cases.

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The state is asking people to cooperate with the health department’s contact tracers if they call.

If you suspect measles in yourself or a loved one, they urge you not to go to a clinic waiting room but call ahead for the next steps to stop the spread.

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Widow of slain Utah County sergeant testifies in favor of accomplice’s parole

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Widow of slain Utah County sergeant testifies in favor of accomplice’s parole


EAGLE MOUNTAIN, Utah — Nannette Wride-Zeeman says her late husband, Utah County Sheriff’s Sergeant Cory Wride, is still very much a part of her life nearly 12 years after he was ambushed and killed in Eagle Mountain.

On Tuesday, Wride-Zeeman did something that might surprise many people: She testified in favor of parole for Meagan Grunwald, the young woman who was an accomplice in her husband’s murder.

Wride’s killer lost his life in a shootout with police the same day as the ambush. But Grunwald, who was with the shooter, has been serving time for her role in the crime.

Before the parole hearing, Wride-Zeeman met Grunwald face to face on Monday for the first time since the tragedy.

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“She was in the other room, hyperventilating and sobbing. And she was so afraid to come and meet me. And I can’t even tell you. The days and probably weeks of sleepless nights I had, being afraid to meet her, and what do I say, and how do I, how do I do this, and am I making a mistake, and like all these things that it felt in my heart, just this calm feeling like it was the right thing to do,” Wride-Zeeman said.

“She was so afraid that I was going to be angry with her, and those angry days have long passed,” she said.

When Grunwald entered the room, the emotion was overwhelming for both women.

“And she came walking in, she had her hands over her face, and she was still sobbing and she was shaking. And I just saw this little girl that was just terrified,” Wride-Zeeman said.

“And she’s sitting across from me, and she, her hands or her face are in her hands, and she’s just sobbing, and she keeps repeating, I’m so afraid, I’m so afraid. I’m so sorry, I’m so sorry, I’m so afraid, just back and forth. And when she got done, I said, Megan, you don’t have anything to be afraid of. I said, Look at me, and she looks up at me, and I see her blue eyes and all the tears,” she said.

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What happened next was a moment of healing that lasted three hours.

“So I walked over to her, and I went like this to her, and she stood up, and we embraced for the first time, and she just sobbed and sobbed. And I just held her and I said, do not be afraid of me. We’re here to heal. And it opened up 3 hours of healing,” Wride-Zeeman said.

The widow says she has completely forgiven Grunwald and wants to be part of her life when she’s released.

“I said, you can’t live with me, but I want to be a part of your life when you get out, and I want us to stay in touch. I am your biggest cheerleader, and I want to see you find your happy like I did, because I never thought I’d be happy, and here I am happier than I’ve ever been in my life, and I want her to find that. And we talked about what her dreams are, what her passions are, how she wants to give back to the community, to people, across the board, including veterans and first responders,” Wride-Zeeman said.

Wride-Zeeman says 100 percent she has forgiven Grunwald and wants nothing but the brightest of futures for her.

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Utah Supreme Court considers defamation lawsuit over ‘Sound of Freedom’ movie

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Utah Supreme Court considers defamation lawsuit over ‘Sound of Freedom’ movie


SALT LAKE CITY — The state’s top court is considering whether to allow a defamation lawsuit to move forward over the movie “Sound of Freedom” and its portrayal of a villain in the movie.

On Wednesday, the Utah Supreme Court heard an appeal by Angel Studios, the filmmakers who created “Sound of Freedom” and Operation Underground Railroad founder Tim Ballard. They are being sued by Kely Suarez, who alleges the central villain character in the movie has defamed her and ruined her reputation.

Cherise Bacalski, Suarez’s attorney, said the character of “Katy Giselle” in the film is “a kingpin sex trafficker.”

“And she never was,” Bacalksi said of her client.

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Before the Utah Supreme Court, Bacalski argued Suarez was a college student who was caught up in a raid that Ballard was involved with in Colombia.

A lower court allowed Suarez’s lawsuit to move toward trial. The studio and Ballard have appealed, arguing they are protected under a Utah law designed to safeguard speech and that the film is a docudrama that is “based on a true story.” The justices grilled lawyers for all sides about the level of involvement each party had and whether promotion of the film crossed any lines.

“Here it’s alleged the movie itself was defamatory and Angel Studios is the one who is putting out the movie,” Justice Paige Petersen said during Wednesday’s hearing.

Robert Gutierrez, an attorney for Angel Studios, insisted to the court that while the film may be based on Ballard’s experiences, there were disclaimers in the film.

“The Katy Giselle character was, in fact, a composite character in order to make it a subject matter the viewing public could actually watch,” he argued. “And fulfill the writer’s mission about the ugly truth of child trafficking.”

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The justices questioned where the line is in a “docudrama” or when things are “based on a true story.”

“So under your definition is this a movie of and concerning Mr. Ballard? Or is that they happen to use the same name?” asked Justice John Nielsen.

Gutierrez replied it was a story “inspired by Tim Ballard.” Later in arguments, he noted that Suarez had actually been convicted of criminal charges in Colombia. That was something Bacalski said was not properly before the court and she argued against the veracity of it.

“We also believe the conviction is unreliable, coming from Colombia and really under suspicious circumstances,” she told FOX 13 News outside of court. “That conviction would not likely stand because of the constitutional protections we enjoy in the United States of America.”

Ballard’s attorney, Mark Eisenhut, argued that his client was not involved in the movie-making itself. Ballard was consulted as the film was being created.

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“I do not believe there’s any evidence of him producing, writing, directing, anything of that nature,” Eisenhut argued.

The justices took the case under advisement with no timeline for a ruling. The movie, which starred Jim Caviezel as Ballard, went on to become a box office success in 2023.

“She’s very hopeful our justice system will do her justice,” Bacalski said of Suarez outside court.

Ballard faced a number of lawsuits and accusations of misconduct that led to ties being cut with Operation Underground Railroad, the anti-human trafficking organization he founded. He has denied wrongdoing and filed his own defamation lawsuit against some of his accusers.





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