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Tribune Editorial: Utah’s congressmen take a stand against democracy

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Tribune Editorial: Utah’s congressmen take a stand against democracy


Competitive elections where no political party has a free ride are necessary for democracy to function.

(The Salt Lake Tribune) Utah members of U.S. Congress, clockwise from top left: Rep. Blake Moore; Rep. Chris Stewart; Rep. Burgess Owens; and Rep. John Curtis.

Every democracy carries within it the seeds of its own destruction. Every free and fair election could be a state’s or a nation’s last. That’s because whatever party or faction won the last election may take advantage of its power to make sure it cannot possibly lose the next one.

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The four Republicans elected to the U.S. House of Representatives from Utah are just fine with that.

Their only concern is that the judiciary — state or federal — may move to put the interests of democracy ahead of their partisan power grabs. That the courts might put an end to the kind of political oppression that allows those in power to stay in power without threat of being turned out of office in a truly democratic process.

Utah’s Four Horsemen of the Gerrymander — Blake Moore, Burgess Owens, John Curtis and, for another couple of months, Chris Stewart — have filed a brief with the Utah Supreme Court arguing that the drawing of political boundaries, such as their own districts, is a purely legislative matter. That there is no state or federal constitutional right for voters to be able to vote in fairly drawn districts. That, under the federal and state constitutions, the only recourse voters may have when a state legislature deliberately disenfranchises any political party or faction is to hope that Congress will intervene.

It is true, as our congresspersons argue, that the U.S. Constitution openly worries about state legislatures getting up to some kind of monkey business in drawing districts and other aspects of running elections. It starts by allowing the states to make their own rules, but immediately moves on to saying that Congress can overturn and replace any state’s rules for whatever reason the national legislature might see fit.

Even if it would make everything worse.

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The representatives don’t really try to argue that such a set-up is a good thing. Just that those are the rules and anyone who doesn’t like it is just out of luck.

Such a set-up is not a good thing, of course. And, like all acts of every state legislature and of Congress, should be reviewable by the courts. It is the job of that branch of government to put a break on purely political actions, when those actions clearly violate any semblance of one-person, one-vote democracy. Which Utah’s congressional districts clearly and unashamedly do.

Utah’s top court should not listen to just clearly partisan arguments and should strike a blow for democracy by upholding the legal challenges from Utah’s Better Boundaries initiative, the Utah League of Women Voters, Mormon Women for Ethical Government and others who are rightly challenging the drawing of Utah’s clearly gerrymandered congressional districts.

The four districts drawn by the Utah Legislature after the 2020 census have — in the parlance of gerrymanderers — cracked and stacked cities and counties so that the significant number of Democratic-leading voters in Salt Lake County have absolutely zero influence on the outcome of congressional elections.

All the East Bench and West Side neighborhoods where yards display progressive signs might as well be on Mars for all the influence they have in picking a member of Congress. Their sometimes overwhelming votes for little-known and underfunded Democratic candidates cast in Salt Lake and Summit counties are deliberately drowned in the returns from the rest of their districts, which reach into the much-more-conservative counties, all the way to the Colorado and Arizona borders.

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Such legislative behavior would, if designed to disenfranchise Black or Latino voters, clearly be illegal. Congress, as Utah’s representatives argue, has moved many times to say so, most notably in the Voting Rights Act of 1965.

What they conveniently leave out of their reference to that landmark legislation is that the U.S. Supreme Court, since coming under the domination of conservative Republicans, has repeatedly chipped away at the protections of that law, denying Congress the exclusive power to oversee elections that Utah’s Republicans claim it has.

So far, no Republican in Congress has been heard to object to what is, according to the pro-gerrymandering argument of Utah’s delegation, the Roberts Court’s unconstitutional encroachment into exclusively congressional territory.

The congressmen also argue that those who are aggrieved by the existing boundaries have only to work through the political system to get a better deal. But that is a particularly cynical idea, given that the people tried to do exactly that by passing the Better Boundaries initiative at the voting booth in 2018.

That effort, including the independent redistricting commission it called for, was immediately tossed out by the Legislature, once again making it clear that the preservation of the one-party state is much more important in Utah’s halls of power than even the slightest nod to democracy.

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Competitive elections where no political party has a free ride are necessary for democracy to function. Without them, Utah’s political system becomes only more and more polarized, less and less responsive to the needs and desires of the people.

Efforts such as the Better Boundaries initiative must continue. Voters should vote and demand better.

But, in the short run, the only hope of bringing a functioning democracy to Utah rests with the courts. We should all hope they stand up for us, because our elected officials clearly will not.



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Utah

Utah man triggers avalanche and saves brother buried under the snow | CNN

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Utah man triggers avalanche and saves brother buried under the snow | CNN




CNN
 — 

A man rescued his brother from a “large avalanche” he triggered while the pair were snowmobiling in Utah on Wednesday, authorities said.

The brothers were in the Franklin Basin area of Uinta-Wasatch-Cache National Forest when one of them triggered the avalanche while “side-hilling in a bowl beneath a cliff band in Steep Hollow,” an initial accident report from the Utah Avalanche Center read.

He saw the slope “ripple below and around him” and was able to escape by riding off the north flank of the avalanche, according to the report.

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But his brother, who was farther down the slope standing next to his sled, was swept up by the avalanche, carried about 150 yards by the heavy snow and fully buried, the avalanche center said.

Using a transceiver, the man was able to locate his brother underneath the snow, seeing only “a couple fingers of a gloved hand sticking out,” the report said.

The buried brother was dug out and sustained minor injuries, according to the avalanche center. The two were able to ride back to safety.

The Utah Avalanche Center warned that similar avalanche conditions will be common in the area and are expected to rise across the mountains in North Utah and Southeast Idaho ahead of the weekend.

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Snow expected in Utah valleys and mountains

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Snow expected in Utah valleys and mountains


SALT LAKE CITY — According to forecasters, several parts of Utah will receive snow Thursday morning and evening.

On Wednesday, the Utah Department of Transportation issued a road weather alert, warning drivers of slick roads caused by a storm that will arrive in two different waves.

UDOT said the first wave should arrive along the Wasatch Front after 8 to 9 a.m. and will move southward across the state until around noon. By 10 to 11 a.m., most roads are expected to be wet.

“This wave of snow only lasts for a few hours before dissipating around noon or shortly after for many routes,” UDOT stated on its weather alert.

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UDOT said an inch or two of snow could be seen in Davis and Weber counties due to cold captures temperatures in the morning.

The Wasatch Back and mountain routes are expected to receive a few inches of snow through noon, with some heavy road snow over the upper Cottonwoods, Logan Summit, Sardine Summit, and Daniels Summit, according to UDOT.

Travelers in central Utah should prepare for a light layer of snow, with an inch or two predicted in the mountains.

Second wave of snow in Utah

According to UDOT, there will be a lull in snow early to mid-Thursday afternoon. But there should be another wave of snow from 4 to 6 p.m.

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“With temperatures a bit warmer at this point, the Wasatch Front will likely see more of a rain/snow mix,” UDOT said. “However, some showers may be briefly heavy for short periods of time and be enough to slush up the roads late afternoon/evening with bench routes seeing the higher concern.”

UDOT predicted the Wasatch Back and northern mountain routes to receive another couple of inches during the second wave.

The storm is expected to end around 9 p.m. for the Wasatch Front and valleys, while the mountains will continue to receive snow until about midnight.





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Judge orders legal fees paid to Utah newspaper that defended libel suit

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Judge orders legal fees paid to Utah newspaper that defended libel suit


SALT LAKE CITY — A businessman has been ordered to pay almost $400,000 to the weekly Utah newspaper he sued for libel.

It’s to cover the legal fees of the Millard County Chronicle Progress. In September, it became the first news outlet to successfully use a 2023 law meant to protect First Amendment activities.

The law also allows for victorious defendants to pursue their attorney fees and related expenses. The plaintiff, Wayne Aston, has already filed notice he is appealing the dismissal of his lawsuit.

As for the legal fees, Aston’s attorneys contended the newspaper’s lawyers overbilled. But Judge Anthony Howell, who sits on the bench in the state courthouse in Fillmore, issued an order Monday giving the Chronicle Progress attorneys everything they asked for – $393,597.19.

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Jeff Hunt, a lawyer representing the Chronicle Progress, said in an interview Tuesday with FOX 13 News the lawsuit “was an existential threat” to the newspaper.

“It would have imposed enormous financial cost on the on the newspaper just to defend itself,” Hunt said.

“It’s just a very strong deterrent,” Hunt added, “when you get an award like this, from bringing these kinds of meritless lawsuits in the first place.”

Aston sued the Chronicle Progress in December 2023 after it reported on his proposal to manufacture modular homes next to the Fillmore airport and the public funding he sought for infrastructure improvements benefiting the project. Aston’s suit contended the Chronicle Progress published “false and defamatory statements.”

The suit asked for “not less” than $19.2 million.

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In its dismissal motion, attorneys for the newspaper said the reporting was accurate and protected by a statute the Utah Legislature created in 2023 to safeguard public expression and other First Amendment activities.

Howell, in a ruling in September, said the 2023 law applies to the Chronicle Progress. He also repeatedly pointed out how the plaintiff didn’t dispute many facts reported by the newspaper.





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