The modern state of Israel has recently witnessed the largest popular protests in its history. These were in response to the efforts by the prime minister to restrict and weaken the judicial system so that his coalition might govern with less opposition and more autocratically.
We have in Utah a somewhat similar situation with the passage by the Republican supermajority in the recent legislative session of a joint resolution whose intent is to weaken and restrict the judiciary branch. HJR2, as it is called, specifically targets judges who issue injunctions that counteract and delay actions taken by the Legislature, although HJR2 could also be applied in other situations. Very few of us are aware of these important changes in Utah’s laws.
HJR2 and SB129 (the latter concerns the process of appointments to a nominating commission to select judges) are both flagrant actions of the Legislature’s unrelenting desire to expand its powers beyond those granted by the Utah Constitution.
A prime example of legislative overreach is the huge, socialistic Inland Port, by which most tax revenues from the scheme that should accrue to Salt Lake City are diverted to the state and large subsidies are given to real estate developers. Another example of legislative overreach is the interference in local land-use planning and zoning ordinances. And another is the refusal by lawmakers to consult with the commission approved by the voters for redistricting, which has engendered a lawsuit and an injunction.
In my opinion, these actions by the Legislature are actually quite dangerous for the people of Utah, and are, perhaps, the worst of many legislative acts which were passed. Their implementation is broad and will affect every Utahn by undermining the authority and integrity of the judiciary.
It might be said that they resemble the path to autocracy taken by the leaders of many authoritarian countries in the world who dismiss, restrain, ignore, and otherwise destroy the judiciary and its application of the rule of law as they seek greater and greater power in their quest for complete political and economic dominance.
James King, Salt Lake City
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