William C. Duncan
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Parents can’t be involved in child’s app downloads? That’s a legal stretch
The right of free speech does not include a right to have an audience of minors whose parents are unaware of or uninvolved in their use of technology.
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As Hamilton said, judges must be ‘faithful guardians of the Constitution’
Utah’s judicial selection and retention process focuses on basic competence but gives little attention to critical questions about judicial philosophy and dedication to the Constitution itself.
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Obscured guidance from federal agencies creates an accountability gap. What can the state do?
Sutherland recently testified to legislative panel about the need for transparency in guidance provided by federal agencies to state and local governments in Utah.
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Ninth Circuit slaps down California’s denial of special ed funds for religious schools
Following Supreme Court precedent, the court holds that excluding religious schools from a grant program is unconstitutional discrimination against religion and a violation of religious freedom.
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The Supreme Court Shouldn’t Let The Federal Government Control 70 Percent Of A State’s Land
The court should accept Utah’s case and give the state a chance to make its argument against this federal overreach.
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Religion can help take the venom out of political disagreement
Researchers found that people of faith, although civically involved, did not believe that religion was an appropriate setting for political discussions.
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How to stop worrying about presidential elections and learn to love federalism
Voters, pundits, and elected officials themselves should embrace a healthier and more constitutionally grounded alternative to the current rhetoric.
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As election season winds down, the U.S. Supreme Court term has just begun
The Supreme Court is being petitioned to consider three cases on religious freedom. Here’s why the court should take them on.
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Utah v. USA
The Constitution’s reservation of most powers to the States rather than the national government promotes accountability and responsiveness by ensuring that the decisions most likely to impact the day-to-day experiences of citizens will be made by elected representatives closest to them and with whom they can…
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Take a step back from the ballot initiative hot takes and take a look at the big questions
How could the Utah Supreme Court conclude that the constitution’s reference to “legislative power” contains an unwritten limitation on that power?