Tuesday, June 12, 2007

Whine, Whine, Whine

Representative Frank, obviously unhappy with the Utah Supreme Court's decision regarding the HB148/HB174 mess, feels that the Utah Supreme Court enjoys legislating from the bench. One has to wonder if he even read the opinion. It seemed to me to be well thought out and brought clarity to the mess created by the Legislature.

I have noticed, in recent days, that various senators and representatives have attempted to defuse criticism of their actions, blaming the media, Utahns for Public Education, UEA, and others for creating the confusing state.

We should be absolutely clear. The Legislature has no one to blame but themselves for the mess they are in. They are the ones that created these two bills, that, at the time of passage, were clearly linked together. There is no other explanation for the radically different margins of votes in these two bills. One cannot believe that the HB148, the first voucher bill, would pass by only one vote, and then second, HB174, by more than 2/3, if those who were not in favor of vouchers had not been told that the second bill was absolutely dependent on the first. The only reason most of those representatives voted for HB174 was because they were amendments to HB148.

The Utah Supreme Court has brought clarity, finally. One of the roles of the judicial branch is to interpret the laws passed by the legislative branch. When the legislative branch creates confusion, it is left to the courts to bring clarity. If the legislative branch doesn't like how the courts interpreted their laws, they have every right to attempt to correct and change the law to make it more clear.

Until, then, Representative Frank, stop whining about the Utah Supreme Court doing your work for you.

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