Failed USBOE Candidate’s Viewpoint Discrimination Claim Fails the Ron Swanson Test

Breck England is complaining about viewpoint discrimination, and he is completely right…and totally wrong.   In the latest strange development in Utah’s political litigation industry, Breck England, an unsuccessful candidate for the Utah State Board of Education (USBOE), has sued the members of the USBOE nominating committee, Governor Herbert, and Lt. Governor Cox for allegedly engaging in discrimination in violation of his constitutional rights (a copy of the complaint is embedded below). The basis for England’s claim is that, during vetting process of state school board candidates, some candidates are favored…

Enabling Act Silliness

Politics has its silly season. But litigation provides for perpetual silliness, as litigants (and their lawyers) continuously grasp at straws to justify outcomes.  I’m even tempted to say I’ve seen more ridiculous arguments practicing law than I’ve seen on Facebook . . . but that might be pushing things a bit far. Regardless, I can say that I’ve been on the grasping side enough times to know when someone has entered the silly zone — and, I hate to break it to you, fellow conservatives: on the idea of a grand public…