William C. Duncan
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Amendment D decision should heighten focus on the most important constitutional considerations
Judicial restraint, in keeping with the constitutional separation of powers, has helped make Utah an example of good governance to the nation. Utah judges, policymakers and voters ought to carefully consider the ramifications of moving away from that bedrock legal…
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9th Circuit upholds religious universities’ Title IX exemptions
If it chose to act, Congress could further secure the religious freedom protections upheld by the court.
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The importance of federalism and Utah’s public lands lawsuit
A recent Sutherland Institute Congressional Series event featured Representative Celeste Maloy discussing the importance of federalism.
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Missing the significance of the voter initiative amendment
So far, the debate over the amendment is missing one of the most important constitutional principles at stake: the separation of powers.
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Federal agency ‘guidance’ uses a backdoor approach to avoid open public process
States should collect and make publicly available the guidance they are given so that it can be assessed and, as necessary, criticized and challenged.
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‘So unimaginable and so abhorrent’: UCLA case is a reminder of how bigotry resurfaces
Court rebukes university over how it allowed protesters to exclude Jews from areas of campus.
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New Utah poll shows broad support for ‘core freedoms’ of religion
Survey of likely Utah voters finds very strong support for the idea that religious freedom is a net benefit for society, even among those who are not religious.
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Why the reasoning behind Utah Supreme Court’s ruling on abortion is so alarming
The role of the court is to apply existing law enacted by the people and their representatives, not to discern new policies in nebulous meta principles behind the law in a way that usurps the Legislature’s role.
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UEA lawsuit filings offer 3 civics lessons
Voters should know that direct lawmaking in education rests with the Utah Legislature and not the Utah State Board of Education, the governor, or any other entity.
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Utah Supreme Court’s ruling on voter initiative case seems to stray into policymaking
Judges have a critical role in protecting the integrity of the laws enacted by the people through their constitutions.