Washington v. Trump for non-lawyers

Michelle Mumford explains the court case related to President Trump’s Executive Order on Immigration for those of us who don’t have time to get a law degree, clerk for the 10th Circuit, and read all of the associated court filings. In other words, she’s done the heavy lifting so you can sound smart around the water cooler. Or on Twitter. President Trump’s Executive Order on Immigration (“EO”) generally accomplishes three things: (1) it prohibits entry of citizens from seven majority-Muslim countries (Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen) for…

Why National Delegate selection matters

A group of diverse, loosely organized Utah conservatives have formed a slate of national delegate candidates in preparation for the upcoming state Republican Convention on Saturday in response, it seems, to the “Official” Ted Cruz slate of “committed” candidates. The “Stop Trump Stop Hillary” slate claims to be vetted, like the Ted Cruz candidates, and committed to electing a conservative to the White House. What is the biggest difference? It seems the Stop Trump Stop Hillary slate candidates won’t have their hands tied like the official Cruz candidates. “History shows…

United States v. Texas: Immigration at the Supreme Court

Does President Obama have the power to change immigration policy through a deferred action immigration program without going through Congress?  The Supreme Court indicated today that it will likely decide that question soon. The Court granted certiorari in United States v. Texas, a case wherein a federal district court in Texas entered a preliminary injunction stopping Obama’s immigration program before implementation, and a divided 3-judge panel of the Fifth Circuit affirmed that injunction. In other words, the Supreme Court agreed to hear arguments, and decide whether Obama’s executive action immigration…

What Could Happen with Same Sex Marriage at the Court?

The Supreme Court will likely render its opinion in Obergefell v. Hodges on Monday, June 29. The Court will answer two questions, commonly referred to as the marriage question and the recognition question: (1) does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? and (2) does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state? There are a few possible outcomes (remember, the Sixth…

Obergefell v. Hodges: The US Supreme Court considers same sex marriage

On Tuesday, April 28, the United States Supreme Court will hear argument relating to cases originating in four states – Kentucky, Michigan, Ohio, and Tennessee – appealed from the Sixth Circuit’s decision to uphold state bans on same-sex marriage. In a 2-1 decision, the Sixth Circuit held that states have the right to define marriage. This was the first circuit court decision to uphold a state ban. Last year, the Tenth Circuit upheld Utah district court case Kitchen v. Herbert, which struck down Utah’s ban on same-sex marriage. Oral argument…

SB 54: The Basics. Again.

I was speaking with an influential and highly-regarded figure in Utah politics this week and realized most people, even those “in the know,” still don’t understand the basics of SB54. So here they are: Under SB54, a political party has 4 options to get candidates on the ballot: become a RPP, become a QPP, run candidates as write-in candidates, or run candidates as unaffiliated candidates. Registered Political Party (RPP): The RPP route is, verbatim, the CMV initiative option. To be on the political party’s primary ballot, candidates are required to…

IRS Regulations Threaten Continuing Existence of Obamacare

Pay close attention when you sign-up for insurance during this year’s open enrollment period: you may lose the tax credit that makes your health plan actually affordable. And if you do lose that tax credit, and the Supreme Court ends up deciding the IRS has abused its authority in even offering the tax credit in the first place, you will also lose the associated penalty for not signing up for health care. That’s right – no tax credit AND no penalty. Could this happen? It’s before the Supreme Court, and we’ll…

Same-Sex Marriage in Utah: What’s Next?

The Tenth Circuit ruled today that Utah’s ban on same-sex marriage is unconstitutional because it violates a person’s fundamental right to marriage. The court issued a stay on its ruling pending the outcome of review by the Supreme Court, if the state decides to appeal. So what are the state’s options? The state could seek en banc review, which is review by the entire Tenth Circuit court (including only active judges, not judges on “senior” status unless they were on the original 3-judge panel). There are eleven active judges on the…

Top 5 Other Totally Legit Emails Mitt Romney Sent from his iPad To Best Bud Mike Leavitt:

EDITOR’S NOTE: THE FOLLOWING IS SATIRE. REALLY. RELAX.  “Great to catch up.  How long has it been?  Seems only yesterday, I was totally focused on get out the vote in Ohio and waiting until after the election to meet with the completely awesome transition team you assembled for me.” “I’m so glad you totally brought me and Ann up to speed on the Count My Vote petition drive. I think it’s exactly what Josh needs, and I completely agree that primaries are the only way to get the will of…