I called it, this time on vouchers

It seems that a little old JD who can use lexis nexis and westlaw trumped the BS of the state's highest elected attorney.

In a win for voucher opponents, the Utah Supreme Court decided today that Utah's two voucher bills are joined at the hip -- and should live and die on the outcome of a Nov. 6 referendum vote.
The court said the referendum-proof law remaining in Utah code will also die if voters reject the original voucher law.
"If the voters choose to reject [the original voucher law, the amending voucher law] will not create an additional voucher program," said the court's written decision.
The decision came just hours after the court heard oral arguments on the issue from four separate parties, who each got 20 minutes. Justices asked all of them, in one way or another, how they expect the court to clean up the mess created by voucher statute remaining in Utah code.

What the article does not say is that this decision was unanimous 4-0, meaning even without one of the most liberal justices, Chief Justice Durham (who abstained for some reason), the court was unwilling to play politics with the state constitution and the common law.

Michael Leavitt appointee Associate Justice Michael Wilkins asked the obvious question: "Why isn't this a legislative problem?" asked Wilkins in oral arguments. "It would appear to me that the Legislature ... has produced ... what turns out to be a confusing situation. Why are we the ones who get to fix it by exceeding the authority the law gives us?" Yeah why is the legislature too chicken to face the fact that the people don't like their law and want to repeal it, so they created a clever "voucher bill" that really was an amendment.

It seems like you guys need to come up with a new lie now. I am expecting the racism argument, or maybe comparing the public school system to slavery, or maybe some babble about competition and parental choice.

We have a choice, it is called private schools. If you can afford them, or manage to get a scholarship/sponsorship, you get to go. Since Thomas Jefferson, we have believed in public schooling as a right for our children. In fact, it is found in most state constitutions, including Utah's.

"The Legislature shall provide for the establishment and maintenance of the state's education systems including: (a) a public education system, which shall be open to all children of the state; and (b) a higher education system. Both systems shall be free from sectarian control." Utah Const. Art. X, Sec. 1.

Oh and if it ever becomes necessary, remember this too "Neither the state of Utah nor its political subdivisions may make any appropriation for the direct support of any school or educational institution controlled by any religious organization." Utah Const. Art. X, Sec. 9.

Case closed.

Shurtleff fires special DAGs for disagreeing

As Ethan reported, Utah AG Shurtleff fired not one, but two Deputy Attorneys General for advising the school board that Shurtleff's opinion letter was full of it. The Salt Lake Tribune fills in the details of Ethan's exclusive.

The state school board, which is holding its June meeting today, stopped what it was doing and went into closed executive session after receiving the letter. It discussed the matter for more than an hour before announcing it would continue to use Lear and Hill as legal counsel and would seek further discussion with the AG.
[...]
The board ignored Shurtleff's advice during a special meeting May 29 and voted to issue an order saying it couldn't and shouldn't implement a voucher system until a court sorts out legal concerns. That vote led Shurtleff to say he could no longer defend the board's actions. It also appears to have triggered today's letter.

I am glad he created an environment where the school board can get a second opinion on his erroneous legal advice. As I have pointed out before, as a matter of statutory interpretation under Utah law, it is clear that the referendum would repeal the underlying bill and that the second bill is an amendment to the first.

Now you say, but Shurtleff is the Attorney General of the state of Utah, and has been practicing law for decades, and you haven't even passed the Bar yet (so why should I believe you). Well, the AG is a politician (he was a SL County Councilman before becoming AG), one who is allied to the power structure that got us into this mess in the first place. He supported vouchers in the past. So it appears that my taking a course in legislative process and statutory interpretation, where I received the highest grade of anyone else in the course, reigns supreme.

Sure, I have never been a fan of vouchers, but I am not twisting facts to say that vouchers are illegal. I think it is arguable that they violate the Utah Constitution on separation of church and state, even if SCOTUS said they do not violate the US Constitution's 1st Amendment. And even though I disagree with SCOTUS, I am not going to try to distinguish Cleveland's system and our system to make a federal constitutional claim, because it is pretty dishonest.

It is too bad, Shurtleff is being petty by demoting and punishing those who disagree with him. It is fine for him to say you are all liable now since you didn't follow my advice, but he didn't need to de-deputize them just to score political points. Even if it made Ethan happy.

Romney has won Iowa already

If two of the big three and possibly Fred Thompson are ditching the Ames straw poll, then they have all about put up the white flag to the Mitt-ster. So much for calling Democrats surrender monkeys. (H/T Political Wire)

Just hours after Rudy Giuliani announced he would skip the Ames Straw poll in Iowa later this summer, the AP reports Sen. John McCain "quickly followed suit in bypassing the early test of strength."

McCain campaign manager Terry Nelson: "It's clear that the Ames straw poll will not be a meaningful test of the leading candidates' organizational abilities... We have decided to forgo our participation in the event."

In case you forgot, Terry Nelson was deeply involved (and an unindicted co-conspirator) in destroying NH union and Democratic phone banks in 2002 to make sure that John Sununu would be elected to the US Senate.

please take over

dear guest blogger invitees,

please start posting on this blog. I know I said the other day that blogging keeps me sane, but sucking on the multiple choice questions is driving me crazy.

The day I never have to fill in a bubble sheet again will be a happy one indeed. Those things are an abomination. Somehow, I always manage to chose a stupid answer that I never would have. And I always miss a row or mess up which bubble to fill in all the time.

The GRE had multiple choice questions on the computer, where they could vary the questions according to how many of the easy and moderate ones you got wrong. I sucked at that too, but at least I felt that was fairer than worrying about erasing and filling in ovals with a number two pencil or pen (with correction tape).

Standardized tests are evil. Not to sound arrogant, but I am much smarter than my test results. I scored average on my SATs but thankfully Brown looked past that, and I graduated with honors. I did average on the LSATs, but thankfully the U law school looked past that, and I graduated with honors in some classes and semesters. Now at least the Utah Bar, I just need to pass (and get a 133+ on the MBE for the DC Bar), but I still worry about that given how poorly contracts and property MC questions are going.

Anyway, help would be appreciated. I will try to post when I can.

Giuliani: beyond the pale

So you're running for president, and have a huge national lead, but in the states that matter, New Hampshire and Iowa, you are way behind a flip-flopper. You could attack the guy for pandering and flip flopping, but you don't want to remind primary voters that you are consistently against their positions on those issues.

If you haven't guessed already, I am talking about Rudy and Mitt. So what instead did "America's Mayor" decide to do? Attack Romney's religion on things he doesn't even believe (nor does his religion believe).

[T]he "Deputy eCampaign Director" of the Giuliani campaign, Katie Harbath, directs the blogger to the Salt Lake Tribune story — clearly in the hope that the story and its "Romney-as-fulfiller-of-Mormon-prophecy" angle will receive wider play.
[...]
From: Katie Harbath <[redacted]@joinrudy2008.com>
Date: Jun 4, 2007 [redacted] AM
Subject: Is Romney the stuff of Mormon legend?
To: [redacted]

[redacted],

Thought you'd find this interesting. Best,

Katie

http://www.sltrib.com/ci_6055090

From the story, which I quoted from yesterday, there are these quotes "The Church of Jesus Christ of Latter-day Saints does not accept the legend - commonly referred to as the "White Horse Prophecy" - as doctrine." and this one by the Mitt-ster himself "I don't put that at the heart of my religious belief."

I really dislike Romney, but Giuliani is equally completely unacceptable. It doesn't matter to me that senior Giuliani officials apologized after getting caught.

keeping me sane

I blog daily during bar review thus far because I can't possibly study for 8 hours straight. My mind just turns to putty after about 4 or 5 hours straight, which is great for the two day long exam I will take starting on Pioneer Day.

Sharing my thoughts with you is partly selfish and the other part is to get a dialog going with the 'sphere so that we can advance knowledge and the debate. So anyway, here are my collection of observations today:

• California liberals in the state legislature are trying to get a "should we get out of Iraq?" question on the ballot in time for Super Duper Tuesday The effect of this proclamation could be akin to gay marriage in 2004-- getting out the anti-war left to vote-- and thereby damaging Sen. Clinton's campaign. This could get very interesting.


• Speaking of HRC, my wife has flipped back to her camp given her commanding performance at last night's debate. I still lean most towards Obama, and he did much better, but sometimes he was a bit too wordy. His answer to Wolf's Osama question could have been one crisp sentence, Yes, assuming I don't have to wipe out a whole city but just a training camp. Again Hillary had the best answer and everyone looked to her at that moment. It was amazing. I wasn't bothered by the lack of time to the "second tier" in fact, I don't think Kucinich or Gravel should ever be allowed back into these debates. "I get my meds from the VA." – Mike Gravel.


• According to the Salt Lake Tribune,

  It's Mormon lore, a story passed along by some old-timers about the importance of their faith and their country.
  In the latter days, the story goes, the U.S. Constitution will hang by a thread and a Mormon will ride in on a metaphorical white horse to save it. The Church of Jesus Christ of Latter-day Saints says it does not accept the legend - commonly referred to as the "White Horse Prophecy" - as doctrine.
  [...]
  Romney says he doesn't believe in the supposed prophecy...

  
  The Constitution is indeed hanging by a thread (due to among other things, the suspension habeas corpus at the executive's will) and I would be happy if a Mormon or anyone would come in on a white horse and save it, but Mitt "We ought to double the size of Guantanamo" Romney clearly isn't the one.


• Maybe this is the real reason some support vouchers

  The fear about voucher programs leading to segregated schools exists because it's happened before. The first state-sponsored voucher programs arose in Southern states as a way to help white families avoid sending their children to integrated schools. The schools were dubbed "segregation academies" and popped up throughout the South.
  Eventually, courts ruled those scholarship programs illegal, although many white students continued to avoid enrolling in public schools and those who did often moved to predominantly white districts. Those familiar with the history of segregated schools say current voucher debates bring up painful memories for many, said Marcia Synnott, a University of South Carolina history professor who is an expert on the history of education in the South.

hey big spender

(photo credit: Skip ODonnell, © 2006)
Well the local papers pointed out what I suspected, that Ralph Becker's numbers' weren't as impressive as they sounded.

With summer still on the horizon, and the election more than five months away, Keith Christensen is setting a blistering pace in the Salt Lake City mayoral cash contest, already amassing more than half a million dollars.
Christensen, who has led the fundraising charge all year, has piled up more than $508,000 - much of it from developers and other business owners - according to the latest round of campaign finance disclosures filed Friday.
Salt Lake County Councilwoman Jenny Wilson is in second place with just over $241,000 - less than half Christensen's total. But Wilson also has spent more than any other candidate, leaving her with just $89,000 in the bank.
City Councilman Dave Buhler runs third with $216,000, followed by House Minority Leader Ralph Becker, who has raised $176,000 but has spent relatively little.

Of course, the more important numbers are cash on hand and polls (especially the ones where people vote). But some times fundraising numbers are a good proxy for how the race is shaping up. For example, Hillary has lots of money, then Obama, then Edwards, and then the rest of the crowd on the Democratic side. McCain poor fundraising matches his lackluster polls and overall sinking in the standings, while Giulliani and Romney's prowess relate back to their polling in a way.

But some times, it just means you have rich friends, not that you have lots of friends.

The bulk of Christensen's cash comes from big fish in the capital city's business community. Developers Kem Gardner and Dell Loy Hansen each kicked in at least $7,000, while Spencer Eccles contributed $7,500. Checks for $5,000 or higher also came from mortgage and real estate companies. And Stuart Reid, a former mayoral hopeful and Christensen ally, added $2,500 to the campaign.
Wilson's ledger includes a long list of donors who mostly have given less than $1,000. But there are a handful of private big spenders - Bruce Bastian, co-founder of WordPerfect, floated the campaign $6,500 - as well as small business and real estate money.
Early polls have shown Wilson holding a lead with Buhler in second place. Christensen, Becker and Saxton trail, according to the surveys...

Becker's people will undoubtedly point out that unlike the others, he could not fundraise during the legislative session and that his support is pouring in in May. Most of his checks are much smaller, which may be better ethically, but when others are getting $7,500 checks and you are getting $500, it is tough.
I would really like to see a debate with the top four so the public can decide who the top two should be. When everyone is invited, you can't hear much more than sound bites.

Becker announces his fundraising numbers

According to a press release I just got, Ralph Becker (D-lower Aves) has raised "over $180,000, including more than $105,000 during the second reporting period,...over 50 percent of this cycle's campaign contributions came in May." The mayoral candidate's Coordinator for Fundraising Matt Lyon, claims "Our campaign currently has over $100,000 on hand."

Here's how the picture looked in February, courtesy of the Deseret News:


If someone could give me Wilson's or Buhler's or Christiansen's numbers, I would appreciate it. I don't care about the other folks numbers.

That should buy Ralph a few more nice lawn signs.

1101th post

I am beginning to think that the 2008 presidential race will turn out quite differently than I previously imagined.

On the Republican side, it seems that Giuliani may actually win it. Wingnuts are conspiring to try to take down the authoritarian, twice adulterous, cross-dressing ex-mayor of New York City. But they will fail in all likelihood. Romney has a lead now in Iowa, but his money may run out before people vote (like Howard Dean in 2003). Plus, I just don't think Southerners will hold their noses and vote for him, unlike Giuliani due his perceived bravery and toughness on terrorism/-ists. McCain is imploding, with Fred Thompson to essentially take his place in the horse race.

On the Democratic side, Obama is in a funk. The spark that was 2006 and the first quarter surprises in funding and crowds is slipping away with each over-consulted cautious move and speech. To make up the ground he has lost and to narrow the gap in key states (let alone to win) Obama needs to get back to what got him here: not listening to those Washington consultants. He wrote his own DNC keynote speech, and even though they tweaked it, it purposely did a 180 from his Democratic consultant based radio address that put people to sleep. He needs to unchain himself from consultants and put caution to the wind. Clinton is putting a sleeper hold on the rest of the nominees. John Edwards is flailing about, trying to pander to every Democratic group on everything. But I distrust him and doubt he will go much further than he did in 2004. Richardson's belly flop on Meet the Republicans was horrific. How can you be a Yankee fan and a Red Sox fan? I can respect Yankee players while still hating them and their team (I am a Red Sox fan). I hope Faux News does have its debate with Senator windbag, Representative whinny dwarf, and ex-Senator crazy Grandpa. It will really make Faux News the laughing stock that it is. Oh and Gore isn't going to run...or endorse.

UPDATE: insiders agree with me.

connect the dots

Billmon-style

Deseret News May 31, 2007:

MAPLight.org, a California-based nonpartisan group that says it seeks to illuminate connections between money and politics, looked at donations from payday lenders nationwide. But it focused on seven states where it said the percentage of overall donations that came from payday lenders was higher than elsewhere: Utah, Idaho, Illinois, Kansas, South Carolina, Tennessee and Texas.
"We found that during the last eight years, as total industry campaign contributions in these states increased, state laws allowed the industry to continue operating without significant restrictions," it said in a new study.
It said payday lenders gave $76,200 to state-level candidates in Utah between the 1996 and 2006 elections. ...a higher percentage than was given in most states.
...about a dozen bills were proposed but failed in the Utah Legislature in that time either to cap the high interest rates the industry charges or to more tightly regulate it.
[...]
(The study numbers may indeed have problems — but payday lenders may have actually given more than it said. The Deseret Morning News in a quick, noncomprehensive look at databases Tuesday, identified at least $95,000 that such lenders gave in Utah in the period. About 20 percent came of that from out of state. But the study identified only about $76,000, and said 85 percent of it came from out of state.)
[...]
The Morning News found in 2005 that Utah has more payday loan stores than 7-Elevens, McDonald's, Burger Kings and Subway stores — combined.

Deseret News May 27, 2007:

a Deseret Morning News review of all bills introduced in the 2007 Legislature shows, is that a fourth of the session's legislation came with clear or possible conflicts of interest involving the measures' sponsors.
Insurance agents sponsored bills on insurance regulation. Police officers carried bills on criminal penalties. Contractors sponsored bills on construction. Teachers carried bills on education.
The percentage of lawmakers' conflicts of interest may actually be even higher than 25 percent because some lawmakers reveal little of their real conflicts in their personal disclosure forms, using only broad or vague wording.
And Utah lawmakers can't escape their conflicts of interest when it comes to voting on bills. Unlike members of Congress or other state legislatures, Utah's legislators, due to internal rules, must vote on a bill even though they may have a clear conflict of interest.
[...]
Kirk Jowers, head of the University of Utah's Hinckley Institute of Politics, says there is great value in having a part-time, citizen legislature.
But, he adds, there is a hidden conflict of interest on legislation that few people talk about: Legislators' legal ability to take cash out of their own campaign accounts and spend it any way they wish.
"It is almost legalized bribery," said Jowers, "if a lobbyist or special interest group gave money to a legislator's campaign account" in hopes of getting special treatment. "If they gave you $10,000 or $20,000, that is the ultimate conflict of interest."
At the very least, legislators should pass a law that says they can't use campaign cash for personal use, Jowers said.

Deseret News May 31, 2007:

It is "disingenuous" for Gov. Jon Huntsman Jr. to call a special session on vouchers before the Nov. 6 public vote, says House Speaker Greg Curtis, who vows to "vigorously" fight against repealing HB174 if such a session is called.

KSL April 12, 2007:

In the House there was a similar show of loyalty to the side that gave the money -- 96 percent who got money from the pro-voucher group voted for and 78 percent who got money from the other side voted against.
[...]
Pro-public school money generally went to Democrats. Pro-voucher donations generally went to Republicans, including GOP House Speaker Greg Curtis, who by many accounts used his considerable clout to pressure some members to vote Yes.

I am happy despite being a Democrat

(Photo Credit: © 2004 NASA)

Recently there was an article that did a study showing that GOPers are happier than Democrats (from Teagan Goddard's Political Wire)

A new Pew Research poll finds that Republicans are happier than Democrats. This finding has been consistent since the survey began in 1972.

"Republicans tend to have more money than Democrats, and -- as we've already discovered -- people who have more money tend to be happier. But even this explanation only goes so far. If one controls for household income, Republicans still hold a significant edge: that is, poor Republicans are happier than poor Democrats; middle-income Republicans are happier than middle-income Democrats, and rich Republicans are happier than rich Democrats."

"Might ideology be the key? It's true that conservatives, who are more likely to be Republican, are happier than liberals, who are more likely to be Democrats. But even controlling for this ideological factor, a significant partisan gap remains. Conservative Republicans are happier than conservative Democrats, and moderate/liberal Republicans are happier than liberal Democrats."

The jerky response would be that ignorance is bliss. Those who watch Faux News know far less about what is going on than those who watch the Daily Show. And the partisan make up of those audiences are skewed heavily.

But despite my anger about what Bush and his allies have done to my beloved country (and what local Republicans are doing to my beloved state), I am still personally happy. I am blessed to have a great marriage with a smart, caring and loving wife. I live comfortably with a nice job, nice house, nice car, and nice pet. I have support from great friends and family members. And generally speaking, I am in excellent health.

So while I am personally at peace, I cannot rest while I see injustices around me. That's why I rant on this and other blogs, why I contribute my time and treasure to candidates, and why I try to get other people to join me in this fight. It is why I went to law school, so that I would have the tools to fight back.

the school board got it right

Today the state school board, after hearing from the Attorney General for hours, voted not to implement a vouchers program for the next school year. The ruling sets up a court battle at the Utah Supreme Court. Look for the court to avoid controversy and narrowly rule on the statutory interpretation, not the constitutionality of vouchers in Utah.

"This to me is the way to get it before a court and get it heard by somebody who can make a decision so we can go forward," said board member Dennis Morrill of Taylorsville. "Everybody ought to be cheering who wants this decided once and for all."
Shurtleff, of course, urged in his opinion letter that the Board should start "a voucher program based on a second law that was drafted to amend the original voucher act but accidentally re-enacted entire sections and completely omitted others."

The very title of the bill is "Education Voucher Amendments" meaning that it relates back to HB 148, which is subject to repeal this November. Mean that HB 174 will be mooted if the voters repeal 148. If that weren't enough, those who voted for 174 who didn't vote for 148 (those making it referendum-proof) did so thinking they were fixing 148, not creating a new bill.

We were ensured it was cleanup legislation — there was confusion among senators and representatives," said Rep. Rosalind McGee, D-Salt Lake. "HB174 is a muddle policy fragment— please don't make state policy based on muddled policy."

For those of you doubt my legal reasoning, here is a primer from the most recent Utah Supreme Court case I can find:

When interpreting statutes, we look first to the statute's plain language with the primary objective of giving effect to the legislature's intent. Savage v. Utah Youth Vill., 2004 UT 102, P18, 104 P.3d 1242. "We presume that the legislature used each word advisedly" and read "each term according to its ordinary and accepted meaning." State v. Barrett, 2005 UT 88, P29, 127 P.3d 682 (internal quotation marks and citation omitted). Statutes should be read as a whole and their provisions interpreted in harmony with related provisions and statutes. Miller v. Weaver, 2003 UT 12, P17, 66 P.3d 592.

When the language of the statute is plain, other interpretive tools are not needed. Adams v. Swensen, 2005 UT 8, P8, 108 P.3d 725. However, if the language is ambiguous, the court may look beyond the statute to legislative history and public policy to ascertain the statute's intent. Utah Pub. Employees Ass'n v. State, 2006 UT 9, P59, 131 P.3d 208 (Parrish, J., concurring). When viewed holistically, a statute is ambiguous if duplicative, yet plausible meanings are not eliminated from possibility. Id. P60. Martinez v. Media-Paymaster Plus/Church of Jesus Christ of Latter-Day Saints, 2007 UT 42, PP46-47

"My duty to my client is to tell them to obey the law ... sometimes what we say our client doesn't want to hear," Shurtleff said. However Shurtleff didn't do that, because his ultimate client is the Utah GOP, and their out-of-state donors want this bill to be valid, even if the people of Utah don't.

darned whippersnappers

Now I know I am a few years yet from Thirty, but I feel old when I begin today's rant:

Longboarders -- who get their thrills on extended, low-riding, speed-designed skateboards -- say they can share the streets with motorists and pedestrians.
Drivers "get really pissed when they get scared," rider Nic Adams says. "They're just not used to people moving on a longboard on the street with them."
But valley police officers and city officials fear the fad -- illegal in some locations -- threatens public safety.
"Some of the boarders come down that hill [SunCrest Drive] pretty quick, and it's surprising drivers," Draper City Councilman Bill Colbert says. "They have to take evasive action or are afraid they're going to hit one of these kids. I'm worried someone is going to get hurt or killed."
Lynn Rohland, spokeswoman for the University of Utah Police, says longboarding has been rampant across campus for years. Boarders often start at the U. and pick up speed heading downhill on 100 South and into downtown.
"This is everywhere on our campus," Rohland says. "It's a big issue, and we take it seriously."

(photo credit Keith Jacobs)

Note the lack of helmet or any other protective padding. Also note that these idiots tend to weave down a lane to slow down and because they want to go as fast as possible (without cars in the way), they ride down steep streets in the dark with no reflectors or lights in the middle of the lane.

I am sure it is fun to ride, but under those circumstances it is incredibly dangerous. Riders get going up to 60 MPH and have no real brakes other than their feet and if a car driver cannot see them (and riders rarely slow down let alone stop at stop signs or lights), they could very well hit and kill them.

Of course, almost all of these morons are male, teens to 30s. I see them on my street that is quite hilly and South Temple all the time, including well after dark. I can't count the number of times people have almost hit them.

If you want a similar thrill, go skiing or surfing. Or go on a private road. Join an X-games type league that closes off the streets when you long board. But get the heck off public roads, day and especially night. And wear a freaking helmet and reflectors. Ridiculously large headphones don't count.

never forget

while you are out having a nice iced tea and doing your gardening or putting together IKEA furniture like I did this weekend, remember why you aren't at work/school today:

America's armed forces are losing their lives for a failed policy and failed war. But their lives cannot be lost in vain, even if Iraq becomes worse than 2001 Afghanistan.

We must remember their sacrifices and pledge never to let any more lives be lost for one man's pride and another man's greed.

voucher confusion made simple

Pro-voucher forces are trying to muddy the waters. Here's why:
Today's Deseret News

An editorial column in Thursday's paper mixed up the two private school voucher bill numbers. HB148, the main voucher bill, is the subject of a citizen referendum vote on Nov. 6. HB174, an amendment bill to HB148, passed the 2007 Legislature by two-thirds vote and by law is not subject to referendum repeal.

The leading story in that newspaper? Another high profile Dan Jones poll:

Republican legislative majorities to do what those leaders don't necessarily want to do.
Pollster Dan Jones & Associates found that 64 percent of Utahns would want Huntsman and the Legislature to repeal a second voucher law should voters reject vouchers at the polls Nov. 6.
Even worse for the Republicans, 76 percent of Utahns want Huntsman to call a special session this summer during which legislator's could "fix" the two-voucher bill problem — clearing the way for an unimpeded, simple up-or-down vote Nov. 6 on vouchers.
But even with those overwhelming numbers, Huntsman says he won't call a special session this summer. And it's possible that, should voters reject vouchers, Utah would still have a voucher law and the controversial program would go forward — for GOP legislators could refuse to repeal a second voucher law.
Meanwhile, it's hard to tell where Utahns will side in November. Forty-three percent of 410 Utahns surveyed May 21-24 say they favor vouchers, and 47 percent oppose them. Considering the error margin of plus or minus 5 percent, public opinion is a virtual dead heat, just as it was earlier this year before legislators passed the voucher program.

I really hope voters remember how anti-democratic Utah's state leadership--Gov. Huntsman, Speaker Curtis, Sen. President Valentine--all have been throughout this session in particular, and especially on this issue. Next November, throw as many of those bums out as you can.

we're number 50!

(Photo Credit: Bunch of Losers)
Aren't you proud that Utah beat out Mississippi again?

The Census Bureau analysis of state education funding differs slightly from data from the National Center of Education Statistics released in April. Yet both reports list Utah as last in the nation for spending $5,257 per student in fiscal year 2005. The second-to-last state, Arizona, spent $6,261 per student that year.
The results surprise few policymakers, who've all but given up escaping last place. Members of the Utah State Board of Education, legislators and tax watchdogs say it's nearly impossible for Utah to rival spending in other states. Income taxes from Utah's relatively small and low-paid workforce get stretched paying for the state's large population of school children.

To paraphrase Robert Kennedy/George Bernard Shaw, some see things as they are and ask "why," Utah's education policy makers ask "why bother?"

(as an aside, vouchers will only put the state further behind by definition, but PCE couldn't care less about that)

Here's an example of what this last in the nation standing means for Utah children:

Ogden School District says it's cutting projects to save money.
The school board passed a revised building plan that they say will save $23 million.
Two building projects are being deferred. Those are construction of the district campus elementary school, which should save $11.4 million. And the board voted to hold off on the renovation of Ogden High School's science rooms. That cut another $11.8 million.
Voters approved $95.3 million last June for construction and renovation plans to fix the district's aging school buildings.

That's just buildings, what about arts programs, school trips, books, school supplies, teacher salaries, staff salaries, school buses, etc.?

thursday round-up

Nothing especially was enough to get a post, so you all get mini-posts within one...enjoy.

• The best summation I have heard of the legal arguments for and against the DC-Utah bill: "Make no mistake: We are on uncharted territory," Patricia Wald, former chief judge of the U. S. Court Appeals for the District of Columbia, said in testimony submitted to the committee. Still, she added, "In such a landscape, Congress is justified in concluding the balance tilts in favor of recognizing for D.C. residents the most basic right of all democratic societies, the right to vote for one's leaders."


• More posturing on vouchers:

  Gov. Jon Huntsman Jr. said Thursday he and legislative leaders are putting together a letter pledging to honor whatever decision voters make about private school vouchers at the polls in November — even if Utahns reject the funding program.
  The letter, which Huntsman said may also be signed by Attorney General Mark Shurtleff, "will essentially state that whatever the vote is in November will be respected as a vote up or down on vouchers."
  [...]The governor said there wasn't the "political will" to deal with the issue in a special session.

  Last time I checked, Huntsman, you were the one of the most popular governors in the US. Why don't you use some of your political capital to hold a special session and deal with it like a man? Does this mean that if the voters vote vouchers down that BOTH bills will be scrapped? Or will the AG's opinion rule? Or will you just let the courts decide?


• speaking of which,
  

  A pro-voucher group will announce legal action this afternoon regarding the two voucher laws on Utah's books. Parents for Choice in Education has scheduled a press conference for 1:45 p.m. today in the lobby of Salt Lake City's Matheson Court House.

  The legislature created this mess by voting for this stupid bill that had no real native grassroots support and now want to have their cake and eat it too. I hope all who voted for it lose their seats in the Legislature.


• Is there anything that Romney does that the local papers won't cover in a positive light?

Start with the obvious

Once again, the local press plays dumb:

Republican members of the House Judiciary Committee seemed to have agreed on a single script: defending the former administration official and denouncing the Democratic-led inquiry.

Have you ever watched any cable news? Compared your interview with a national Republican or local Republican on a national topic with another interview of a Republican on the same topic? I am assuming the answer is no, otherwise, why the "seems"?

At least the reporter remember to include the latest edition of "How has Chris Cannon embarrassed his state today?" in the headline.

Rep. Chris Cannon, R-Utah, was so peeved by the proceedings that he asked no questions during his first five-minute round. Instead, he read a Los Angeles Times editorial berating Democrats on an unrelated matter involving ethics and spending earmarks.

It is well worth pointing out as a law student, that normally Goodling would have never been hired by any prosecutor's office, let alone be the DOJ's White House Liaison. Why, because Regent University College of Law sucks. "Regent Law was ranked in Tier 4 by U.S. News, the lowest ranking and essentially a tie for 136th place out of 170 schools surveyed." "According to statewide and national statistics, Regent's four-year average Virginia bar pass rate is 51.5%, which is 21.5% below the statewide average of 73%, and the lowest in the Commonwealth of Virginia." The school used to be named after Pat Robertson's cable channel: CBN [Christian Broadcasting Network] University. Yet Bush's White House hired 150 Regent grads.

For the record, the SJ Quinney College of Law has crept into the second tier but I fully expect it to be back in the top tier soon. Our bar passage rate is high and about average for state averages (but there are only 2 law school in Utah and the bar passage rate is higher than other states).

Slam of the week

McCain on Romney May 21, 2007:
"In the case of Governor Romney, you know, maybe I should wait a couple of weeks and see if it changes, because it's changed in less than a year from his position before. And maybe his solution will be to get out his small-varmint gun and drive those Guatemalans off his lawn. I don't know."

I have to say, the first line was the most effective, the second, a bit obscure and racist and angry. The whole thing to me says that McCain is thinking: "I am losing to this guy?!" And indeed he is in the low double digits with Giuliani in Iowa, either fighting for second without Fred Thompson, McCain's friend, or for third with Thompson included in the polls.

McCain has been running for President for something like 10 years and finds himself in bad shape in the first and most important state. But if he wants to turn it around, he is going to have to tear down Romney and Giuliani and then F. Thompson.

Romney's biggest weakness is his lust to pander so much that he makes switch grass seem constantly still. Giuliani's is that he is corrupt and has liberal social positions. F. Thompson's is that he is a lazy man who never did anything in the Senate. McCain's is his anger, his support of campaign finance reform, and his support of immigration reform...two giant pet issues with the GOP base that are as big as Iraq and Health Care on the Democratic side.

compare and contrast

Or a tale of two bad articles

Here's Thomas Burr's article about the Utah's lone Democrat in Congress, Jim Matheson, on May 19:

Rep. Jim Matheson, a Utah Democrat and self-described fiscal conservative, spent the largest percentage of his office allowance compared with his congressional colleagues in 2005, a new report shows.
Matheson used 99.97 percent of his congressional office budget that year, leaving only $375 unspent, according to the National Taxpayers Union, which compiled office budget data from published House reports.

Now for today's article by the same reporter, this time on brother of the rival daily newspaper, Rep. Chris Cannon:

Rep. Chris Cannon voted against reauthorizing a federal program to put more cops on the street, saying it's a local responsibility.
[...]
Cannon pointed to a recent report in USA Today of an internal audit showing that 3 percent of the COPS grants reviewed found some $277 million was misspent. Additionally, the report says, tens of thousands of jobs funded by the grants were never filled or weren't filled for long.

Now Burr allowed Matheson to explain why he used all but $375 of his budget--his Alabama-size district--but the lede of the article was I repeat "Matheson, a Utah Democrat and self-described fiscal conservative." The Cannon article does not say he is a Republican or call him a "self-described as pro-police."

The article lets others, namely a New York City Democrat (and it does point him out that way), to claim that COPS is a very successful program, but it burries the fact that local municipalities support it and would have more officers if the funding was most assured. And the article fails to mention studies that prove that Bush's defunding of COPS (because it is a Clinton program) has resulted in higher crime rates across the country, TIME magazine did a story on this, using Milwaukee, WI as the example.

JM Bell points out that Cannon's vote happened on May 14th, yet Burr didn't cover Cannon's slap in the face to Utahns until today. "Tommy Burr is one of the best reporters in the country so, what the hell happened? I have a hard time believing that Burr just waited to write it." I think he didn't want to write it until he found his Matheson story to "balance" it with.

Truth over Balance. Progress over ideology.