An exasperated Supreme Court Justice Neil Gorsuch broke with fellow conservatives in December when the U.S. Supreme Court upheld a Trump-era migrant policy. The case was an emergency request, but there was no emergency. It was an escalating political battle lacking a valid legal question, provoking Gorsuch to finally exclaim, “We are a court of law, not policymakers of last resort.”
If the lines separating the branches of power are blurring and bleeding at the federal level, expect major hemorrhaging as the Utah Legislature rolls into session on January 17. Pleasant Grove Republican Rep. Brady Brammer is already firmly planting his thumb on the scales of justice sponsoring a “Joint Resolution Amending Rules of Civil Procedure on Injunctions.”
Brammer claims the resolution is a “procedural change” to conform to federal standards (must be backwards day) when in fact it is a cesspool of gamesmanship. Brammer’s extreme step of amending the rules of the Utah judicial system is not a good faith measure to benefit all Utahns. It is targeted. It seeks to kick the legs out from under a well-reasoned decision by a respected Utah 3rd District judge and obstruct a particular organization that Brammer doesn’t personally like.
At first glance, Brammer’s resolution might sound logical enough — reducing frivolous lawsuits by ensuring a case has a substantial likelihood of success. But if that is indeed the goal, why make it retroactive and why is it suspiciously tailored to gut 3rd District Court Judge Andrew Stone’s order in July granting Planned Parenthood of Utah’s request for a preliminary injunction? Stone already clarified the PPAU “demonstrated that there are at least serious issues on the merits that should be the subject of further litigation.”
In the last few years, Utah’s Legislature has encroached on the sovereignty of local governments, private businesses, county officials and Utah’s Executive Branch. It is now planning to exert pressure on the judicial system. Brammer and his cronies are counting on the fact that the Legislature can inflict enough delays and appeals to ensure no individual or organization can outspend the state. It’s an unbeatable strategy employed by wealthy individuals and powerful entities to ensure zero public transparency.
Even if you disagree with Planned Parenthood of Utah’s mission, it matters that we have a judiciary that applies rules equally. It matters that courts function without legislative interference. Brammer is fixated on a particular issue and, even if that issue is real, it matters that all public issues get the same fair shake. A direct attack on our judiciary puts our democracy at risk.
This plan to circumvent the judicial system is not ordinary partisan politics. It is a great responsibility to be a state legislator, especially in a state that carves up the districts to guarantee you can’t lose.
Be a little humble, Rep. Brammer. Be aware that it’s not you and some fallacious moral high ground giving you a win. It’s you moving the goalpost.
from The Salt Lake Tribune https://ift.tt/6xtMJbO
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