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Idaho GOP Rep. Raul Labrador has issued a statement welcoming President Obama to Boise, saying he thinks the president “could benefit from listening to Idahoans.” Here’s his full statement:
“I welcome President Obama to our great state today. I wish him well as he speaks this afternoon at Boise State University, where his 2008 campaign rally was a memorable event for Idaho Democrats. After last night’s State of the Union, I think the president could benefit from listening to Idahoans. He would do well to reflect on how the venue where he speaks today, the Caven-Williams Sports Complex, was built. He could reflect on the journey of two Idaho families, and many others, who worked hard, played by the rules, became successful and generously shared their success with our community. Idaho families work hard and value individual responsibility. Idaho businesses are built on innovation and self-reliance. Idaho governments balance their budgets. During his short visit, I hope the president absorbs some Idaho common sense.”
Labrador sent out a tweet at 11:54 a.m. today saying, “Welcome to Idaho @BarackObama, home of hard work, self-reliance and balanced budgets”
While Idaho’s case waits in line, U.S. Supreme Court agrees to take up 6th Circuit gay marriage case
The U.S. Supreme Court today agreed to take up the same-sex marriage issue in a series of cases from the 6th Circuit, opening the door to possible settlement of the issue for all 50 states. You can read the high court’s order here. Idaho Gov. Butch Otter and Attorney General Lawrence Wasden are appealing Idaho’s gay marriage case to the U.S. Supreme Court as well, but they just filed their petitions two weeks ago; that means the Idaho case isn’t yet up for consideration by the high court, which still needs additional briefing before it could consider Idaho’s petition.
Otter filed a "friend of the court" brief in the 6th Circuit case asking the court wait to take that case up until it can consider Idaho’s case along with it. On Thursday, his office attorney, Tom Perry, said if the high court just takes up the 6th Circuit case, Idaho likely will be filing friend-of-the-court arguments in that case. And the high court could decide the matter for all circuits after hearing the 6th Circuit case.
Todd Dvorak, spokesman for Wasden, said, “They haven’t taken up our case yet, and there’s no guarantee that they will.” But Wasden said today’s high court ruling is the beginning of the court making a final decision on the marriage question.
Deborah Ferguson, attorney for the four Idaho couples who successfully sued to overturn Idaho’s ban on gay marriage, said her side “will urge the court to decline review” and let their win become final. The 9th Circuit U.S. Court of Appeals already has rejected the state’s appeal. “Our case will go forward and will be considered by the Court at a later conference, probably in February,” Ferguson said.
The high court, when it considers Idaho’s petition, will have the option of taking the case and hearing arguments; declining the case and letting the 9th Circuit’s decision stand; or holding the case until the other cases are decided. You can read a full report here at spokesman.com.
Idaho Attorney General Lawrence Wasden has issued this statement on his vote against paying $55,000 of Gov. Butch Otter's legal fees for private attorneys he brought in to help with same-sex marriage appeals:
"My view on the use of outside counsel is no secret. I've maintained a long, consistent and principled position that hiring outside attorneys and paying the high price for that work is unnecessary. I took an oath to defend the Idaho Constitution. That's my job and exactly what I've been doing on this case from the beginning. My office is equipped to handle these cases, and even now I have two staff attorneys in Washington, D.C., preparing to argue an important Department of Health and Welfare case before the U.S. Supreme Court next week."
The Constitutional Defense Council has voted unanimously to pay the court-ordered $401,663 in attorney fees and costs to the winning side in Idaho’s same-sex marriage case, and 3-1 to pay $55,000 for costs for outside counsel hired by Gov. Butch Otter in his appeals of that case to the 9th Circuit U.S. Court of Appeals and the U.S. Supreme Court. Idaho Attorney General Lawrence Wasden, who joined in the appeals, voted no, but hired no outside counsel, using state attorneys. Asked why he voted against paying the governor’s outside legal bills, Wasden said, “I didn’t think it was appropriate.”
Otter had said earlier that those costs were being covered from within his office; today’s vote means $55,000 of those costs, for fees to outside attorneys and for court-required printing fees, will come from the state’s Constitutional Defense Fund instead. Otter’s in-office counsel, Tom Perry, said total costs for the governor’s office are now up to around $150,000.
After the meeting, Otter said, “My understanding is the attorney general didn’t think we needed outside counsel, but we need outside counsel all the time. If it’s needed, it’s needed.”
House Speaker Scott Bedke, who voted in favor of both motions, said, “I think it’s appropriate at times.”
Perry said more costs are anticipated as the case continues; Otter is pressing an appeal to the U.S. Supreme Court, and also has filed an “amicus” or friend-of-the-court brief, in the 6th Circuit’s U.S. Supreme Court same-sex marriage appeal.
Idaho’s Constitutional Defense Council, which consists of the governor, the attorney general, the speaker of the House and the president pro-tem of the Senate, will hold a special meeting Thursday at 8:30 a.m. in the Borah Post Office building’s 2nd floor courtroom, to consider payment of a $401,663 court order to cover attorney fees and costs for the winning side in Idaho’s same-sex marriage case, which the state lost in U.S. District Court last May. Idaho has since appealed unsuccessfully to the 9th Circuit U.S. Court of Appeals, and is currently pressing an appeal to the U.S. Supreme Court. Same-sex marriage became legal in Idaho on Oct. 15.
The council oversees the Constitutional Defense Fund, which currently has a balance of nearly $1.7 million after lawmakers agreed to transfer another $1 million into it last year from the state’s general fund. The defense fund, by law, can be spent “to examine and challenge, by legal action or legislation, federal mandates, court rulings, and authority of the federal government, or any activity that threatens the sovereignty and authority of the state and the well-being of its citizens.” The fund has “historically been used to pay legal settlements, primarily attorney fees, that have been awarded through the courts,” according to state budget documents.
According to state law, any one of the four members of the council can call a meeting, and its decisions are by majority vote. Interest on the $401,663 judgment started accruing on Dec. 19, so the longer the state waits, the more it’ll cost. Yesterday, the state Board of Examiners approved the claim and referred it to the council for consideration of payment.
Idaho’s state Board of Examiners, which consists of the governor, the secretary of state, the attorney general and the state controller, has voted unanimously to approve the claim for $401,663 in attorney fees and costs in the state’s same-sex marriage litigation that a federal judge has order the state to pay the winning side in the case. Four Idaho couples sued, challenging Idaho’s ban on gay marriage as unconstitutional; they won their case in federal court last May. The state appealed unsuccessfully to the 9th Circuit U.S. Court of Appeals and is now pressing an appeal to the U.S. Supreme Court; same-sex marriage became legal in Idaho on Oct. 15.
The order for attorney fees and costs is just for the portion of the case in U.S. District Court in Idaho, not for the appeals. Board of Examiners members asked no questions about the matter at their meeting this morning, and approved the payment without comment. A memo from the state Division of Financial Management asked the board to approve the claim and refer it to the Constitutional Defense Council for consideration of payment. That council consists of the governor, the attorney general, the speaker of the House and the president pro-tem of the Senate.
The council can convene on the call of any member and can make payments from the state’s Constitutional Defense Fund by majority vote. That fund currently has a balance of nearly $1.7 million, after lawmakers agreed to transfer another $1 million into it last year from the state’s general fund. Gov. Butch Otter, asked by reporters yesterday whether he thought more money needed to be deposited into the fund as he continues his court fight against same-sex marriage, said no. “I believe … that there is plenty of money in the constitutional defense fund,” Otter said.
In a somewhat anticlimactic ruling, the 9th Circuit U.S. Court of Appeals on Friday rejected motions for an en banc review – a reconsideration by a larger, 11-judge panel – of the October ruling overturning bans on same-sex marriage in Idaho and Nevada. Idaho already had appealed to the U.S. Supreme Court, saying the motion for reconsideration apparently wasn’t going to be granted; Idaho Gov. Butch Otter had requested it Oct. 21, but more than two months went by without any action.
Friday’s order said only, “The panel has voted to deny the petitions for rehearing en banc. The full court was advised of the petitions for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the non-recused active judges in favor of en banc reconsideration. The petitions for rehearing en banc are denied.”
9th Circuit Judge Diarmuid O’Scannlain of Portland, joined by Judges Johnnie B. Rawlinson of Las Vegas and Carlos Bea of San Francisco, penned a dissent, saying the en banc review should have been granted, noting that the 6th Circuit recently ruled against same-sex marriage.
“Thoughtful, dedicated jurists who strive to reach the correct outcome—including my colleagues on the panel here—have considered this issue and arrived at contrary results,” O’Scannlain wrote. “This makes clear that—regardless of one’s opinion on the merits of the politically charged and controversial issues raised by these cases—we are presented with a ‘question of exceptional importance’ that should have been reviewed by an en banc panel.” He further argued that a 1972 one-sentence ruling in a Minnesota case, Baker v. Nelson, still should be considered precedent on the marriage question; it found no federal question to be decided in a case where two men sued for the right to marry.
You can read the order and dissent here; the dissent also argued that states should be able to decide the marriage issue for themselves. The 9th Circuit has 29 judgeships; it’s so large that in the 9th Circuit, an en banc review involves an 11-judge panel, rather than convening the entire court, as in other circuits.
“Idaho Reports” kicks off for the season at 8 tonight on Idaho Public Television, and this week includes an extensive interview with Gov. Butch Otter and a look back at his entire career. The program also reports on events in the run-up to the start of the legislative session on Monday, and I join Jim Weatherby and co-hosts Melissa Davlin and Aaron Kunz to discuss them. The hour-long show airs at 8 p.m. tonight; after it airs, you can watch it here online any time.
Lewiston Tribune reporter Bill Spence turned up this interesting anecdote in his feature story today on the Bibles that Idaho’s top state elected officials use to take their oaths of office, including cherished family heirlooms: Gov. Butch Otter used his late father’s Bible, which he also used to take his first oath as lieutenant governor in 1987. “I got it when he died,” Otter told Spence, who also reported that the father and son didn’t particularly agree when it came to politics. “His dad actually ran for the Legislature as a Democrat from Washington County in 1974, at the same time Otter was running as a Republican from Canyon County,” Spence reported.
“We separated on what government should and shouldn’t be,” Otter told Spence. “When I ran against Marjorie Ruth Moon for lieutenant governor in 1986, she'd stay with my folks when she was in Weiser. Frank Church, Cecil Andrus, they stayed with them as well. Of course, I was welcomed there, too." Otter described his father as "a sincere, Roosevelt Democrat."
The note cards his father used to introduce him at his 1987 oath are still tucked into the Bible, Spence reports. The book has also been signed by the various judges who administered the oath. Spence’s report is online here, though a subscription is needed to access the full article.
Idaho Sen. Mike Crapo has been named chief deputy majority whip in the Senate for its upcoming session, a position similar to one he held in the last Congress, except that this time, his Republican Party is in the majority. Crapo said in a statement that he welcomes the chance to take the leadership role in the majority, which involves wrangling votes on legislation and serving as a liaison between leadership and rank-and-file members. Sen. John Cornyn, R-Texas, who is majority whip, said, “I’m grateful to have a strong team of friends and colleagues working with me as Republicans get the Senate back to work and address the top priorities of the American people.” You can read Crapo’s full announcement here.
Ninety-three of Idaho's 115 school districts are now collecting supplemental levies – voter-approved property tax increases designed to supplement thin school budgets – up from 91 districts a year ago, reports Kevin Richert of Idaho Education News. It’s a trend that’s been growing since Idaho’s state funding for schools was cut during the economic downturn. Richert reports that during Gov. Butch Otter’s eight years in office thus far, Idahoans have approved more than $1 billion in property taxes to backfill school district budgets; this year’s total dollar amount fell slightly, even as more districts passed levies. Richert’s full report is online here.
Idaho Gov. Butch Otter has filed a petition appealing the legalization of same-sex marriage in Idaho to the U.S. Supreme Court, saying the state’s case is the “ideal vehicle” to resolve the issue for the nation; you can read my full story here at spokesman.com. “The time has come for this court to resolve a question of critical importance to the states, their citizens and especially their children: Whether the federal Constitution prohibits a state from maintaining the traditional understanding and definition of marriage as between a man and a woman,” Otter’s Washington, D.C. attorney, Gene Schaerr, wrote in the 41-page petition.
Otter argues that the high court should take up Idaho’s appeal either in addition to or instead of a 6th Circuit case already pending before the court with a similar petition. “It is important that at least one of the cases this court considers on the merits be a case in which the traditional definition of marriage has been defended with the most robust defense available,” Schaerr wrote. “This is that case.”
Same-sex marriage became legal in Idaho on Oct. 15, after the state lost its appeal in the 9th Circuit U.S. Court of Appeals. Four lesbian couples – two who wanted to marry, and two who wanted their home state to recognize their legal out-of-state marriages – sued in federal court, and won their case last May. Their attorney, Deborah Ferguson, already has pledged to defend the decision. “The 9th Circuit decided it correctly, and we will vigorously defend the decision,” she said today.
The inauguration ceremony for Idaho’s top elected officials is set for next Friday, Jan. 9, starting at noon at the state Capitol. Officials to be sworn in on the Capitol steps are the governor, lieutenant governor, secretary of state, state controller, attorney general and superintendent of public instruction. Then, on Saturday night, Jan. 10, the public is invited to the Inaugural Ball, a nonpartisan tradition in Idaho since 1913.
Held in the rotunda of the Capitol, the Inaugural Ball cost $25 a person; it’s not a fundraiser for anything, as it’s financed entirely by ticket sales. This is separate from the political fundraisers that generally are held at other locations the same day. Tickets to the Inaugural Ball are available online here; they’ll also be sold in the garden level of the Capitol all next week from 10 a.m. to 4 p.m.
The Idaho National Guard’s 25th Army Band will play, and doors will open at 7 p.m. The traditional Grand Procession of elected officials and distinguished guests will begin at 8. At the first ball in Idaho’s newly built Capitol in 1918, a newspaper report at the time described how the procession “wound up and over the spacious staircases … like a many-colored serpent of various hues.” Col. Tim Marsano of the Idaho National Guard, which coordinates the ball, said in a news release, “It is much the same today as it was then.”
The state will open up its Capitol Mall parking lots and garages for free parking for ball attendees, including the new garage at 7th and Washington streets.
Close to 150 people gathered in the rotunda of the state Capitol today to offer their well-wishes to longtime Secretary of State Ben Ysursa, who is retiring after 12 years as Idaho’s elected secretary of state and 40 years in the office. Here, folks are lined up down the Capitol’s hallway for a chance to congratulate Ysursa. “He is one of the most outstanding public servants in Idaho’s history, in my opinion,” said former Gov. Phil Batt, who joined the crowd. “He not only did his job well, but he sets a good tone for the entire state.”
Gov. Butch Otter, who’s known Ysursa for 50 years, addressed the crowd, saying, “He’s done that office a tremendous amount of good in credibility and transparency.” Otter said both of Ysursa and his mentor and predecessor, the late Pete Cenarrusa, “Whenever I got an answer from Ben (or Pete) … I never went anyplace else. … We all need to strive for that kind of credibility and that kind of reputation. … His values are the core Idaho values.”
Idaho Supreme Court Justice Jim Jones said, “I think he’s done a superb job.” State Attorney General Lawrence Wasden said, “Few people have had as much impact as Ben has in terms of how elections have occurred. That’s one of the very most fundamental rights … and Ben has been on the forefront of defending that for decades.”
Longtime Statehouse reporter Quane Kenyon, now retired, said, “Ben and Pete go together in my mind, because they were a tremendous amount of help to people who cover elections in this state. You never had any doubt that anything they told you would be true.”
Said Bruce Newcomb, former speaker of the Idaho House and now government relations chief for Boise State University, said, “It’s been really a pleasure to serve with somebody who’s so honorable and non-partisan, and upheld the integrity of the office that Pete Cenarrusa put together. … He set the mark high.”
Ysursa himself said, “It’s kind of bittersweet and kind of nostalgic.” He said, “I wouldn’t be here if it wasn’t for Pete Cenarrusa. They don’t come better than Pete and Freda.” Ysursa also invited folks to Leku Ona later in the day for drinks and reminiscences. “It’s been my honor and privilege to serve the people of the state of Idaho,” he said.
A large cake served to the well-wishers was emblazoned, “Thank you for 40 years of service, Congratulations Ben. Best wishes on your retirement,” with the three words of Ysursa’s longtime campaign slogan, “Fairness,” “Efficiency” and “Service,” flanking the frosted message.
Idaho Gov. Butch Otter said today that he’ll confer with the other members of the state’s Constitutional Defense Council – the speaker of the House, president pro-tem of the Senate, and Attorney General – before calling a meeting of the council to pay a new $401,663 judgment for attorney fees in Idaho’s thus-far unsuccessful bid to defend its ban on same-sex marriage. But Otter said he’s glad the Legislature last year, at his urging, deposited another $1 million in the fund, giving it a balance that can easily cover the payment with plenty left over.
“I always anticipated that we would try to keep a million dollars in that fund, so it would suggest to those who want to bring a constitutional question to us that we’d be prepared at a moment’s notice to take it on,” Otter said today. In 2012, the balance in the fund was down to just a bit over $300,000; lawmakers that year put in another half-million. This year’s million-dollar addition brought the fund up to nearly $1.7 million, well in excess of the current bill, which started accruing interest on Friday.
Here are the past expenditures Idaho’s Constitutional Defense Council has made from the state’s Constitutional Defense Fund – all for attorney fees:
- $190,547 to Elam & Burke in 1995-96 for attorney fees in case involving nuclear waste shipments to Idaho National Laboratory
- $47,606 for attorney fees awarded in the Idaho Coalition United for Bears v. Cenarrussa case, regarding ballot initiatives, in 2004
- $380,526 for attorney fees awarded to Planned Parenthood in 2006 for case involving anti-abortion legislation that was found unconstitutional
- $66,000 for attorney fees awarded to Planned Parenthood in 2008 for another case involving anti-abortion legislation that was found unconstitutional
- $75,000 for attorney fees awarded to the Pocatello Education Association in 2009 for a case involving unconstitutional legislation related to donations to unions
- $54,350 for attorney fees awarded in Daien v. Ysursa in 2011, a case involving ballot access for independent presidential candidates
Lawmakers have deposited $2.5 million in the fund since its inception in 1995.
After 40 years in state government, Ben Ysursa has some strong opinions about how things ought to work in Idaho – and how, on occasion, they have. For example, when both of the state's political parties came together, working side by side, they successfully passed a ballot measure to create the College of Western Idaho, now the state's fastest-growing community college.
“It was just gratifying to see it,” Ysursa said. “We need to get a cause like that again, that we can all agree on and go forward with. … It was a good joint effort to see how things can work when politics is out of it, so to speak.”
Another example he points to is election-day voter registration. Idaho’s one of just eight states that allows voters to register at the polls on Election Day. The reason: When Congress passed the National Voter Registration Act in 1994, it required states to follow an array of new federal rules about voter registration, including keeping voters on the rolls for eight years even if they don’t vote.
“Idaho was going to have some real out-of-date lists and things of that nature,” Ysursa said. But Ysursa, an attorney and then chief deputy secretary of state, discovered that if Idaho enacted election-day registration, it’d be exempt from all the other rules.
“It was: Do we have a federal mandate, or do we want to run our own elections?” Ysursa recalled. Both parties liked the idea, he said. “Both Republicans and Democrats thought election-day registration was a good idea, was going to get more of their folks registered. Our office and the clerks saw it as a way of making Idaho run Idaho elections, and not have the federal intrusion.” You can read my full Sunday story here at spokesman.com on Ysursa’s reflections on his career, as he prepares to retire from office as the state’s longtime Secretary of State.
State schools Supt.-elect Sherri Ybarra has announced another of the key staffers she’ll bring on when she takes office in January, Idaho Education News reports: Charlotte Silva, whose 30-year career in education most recently includes serving as the Boise school district’s special education supervisor, will be Ybarra’s special education director. Clark Corbin of Idaho Education News reports that Ybarra said in a statement, “The hiring of Dr. Silva demonstrates the commitment this administration and I will make to all of Idaho students. Students who enter Idaho’s education system with special needs face unique and difficult challenges every day. I believe Dr. Silva is an education professional whose experience will make a considerable contribution for all our special needs students. We are excited to have her join the administration.” Corbin’s full report is online here.
A local high school newspaper included a plagiarized editorial in its latest issue – intentionally. Student writer Harmony Soto, after first contacting Boise Weekly writer George Prentice for permission, published his piece as her own – then acknowledged it in a biting editorial note, reports Melissa Davlin of Idaho Reports. “You may find parts of this article similar to previous articles written by George Prentice for the Boise Weekly,” Soto wrote. “We could apologize and say this is a mistake on part of the Borah Senator Staff, but if our new state superintendent was able to get away with it, is it even worth it?”
The student was commenting on a plagiarism scandal that arose during state schools Superintendent-elect Sherri Ybarra’s campaign, in which Ybarra acknowledged that campaign staffers copied some material on her campaign website from the campaign website of her Democratic opponent, Jana Jones. Prentice told Davlin, “I’m not certain how I feel about having my work plagiarized. On the other hand, I’m fascinated that it’s part of a bigger conversation about quite a bit of aggregating and borrowing and just flat-out stealing that is going on, that I can’t remember any time in my lifetime as much as I see now. If it is part of the bigger conversation, that’s not a bad conversation to have.”
When the U.S. House voted 219-197 late last week to disapprove of President Barack Obama’s executive action on immigration, Idaho Rep. Raul Labrador didn’t vote “yes.” He didn’t vote “no” either. Instead, Labrador voted “present,” mystifying the folks back home.
A request for comment to his office Friday yielded a referral today to this Roll Call article, which reports that three of Obama’s biggest GOP critics in the House – Labrador, Rep. Steve King of Iowa and Rep. Paul Gosar of Arizona – all voted “present,” because they were sending a message. The message: While liking the substance of the measure, they thought it was a sop to them, a move, Roll Call reported, “brought to the floor only to pacify lawmakers like themselves, who don’t want to vote to fund the government past Dec. 11, when current federal spending expires, unless it includes a policy rider explicitly defunding the immigration policy changes.”
“I believe in the principle; I also want to make sure this isn’t a cover,” Gosar told Roll Call. Labrador said, “The language is OK, but as a standalone bill, it was a meaningless action.”
North Idaho has a new crew of conservative GOP legislators who took office this past week, even as the rest of the state resisted a push to oust lawmakers who favored a state health insurance exchange proposed by GOP Gov. Butch Otter. Of the 45 Republicans in both houses of the Idaho Legislature who voted in favor of the exchange in 2012, just four fell to challengers from the right in this year’s GOP primary – but three of the four were in North Idaho. Two longtime Idaho lawmakers were ousted – Sen. John Goedde, R-Coeur d’Alene, by new Sen. Mary Souza, and Rep. George Eskridge, R-Dover, by new Rep. Sage Dixon; while freshman GOP Rep. Ed Morse fell to new Rep. Eric Redman.
Meanwhile, the retirements of two GOP lawmakers from North Idaho who had voted for the exchange prompted contested primary races, both won by the most conservative candidates – new Rep. Don Cheatham, R-Post Falls, who replaces former Rep. Frank Henderson of Post Falls; and new Rep. Heather Scott, R-Blanchard, a fisheries biologist who replaces former Rep. Eric Anderson of Priest Lake; she's pictured above. She handily defeated Republican Stephen Snedden in the primary, who had been endorsed by Gov. Butch Otter.
In my Sunday story here, I take a look at North Idaho’s new crew of lawmakers, and also run down some numbers, including these: 11 GOP exchange backers were challenged unsuccessfully in the primary. Seven of them, none from North Idaho, defeated their primary challengers with more than 60 percent of the vote. Of the four who had closer primary races, two were from North Idaho. There were 27 Republican lawmakers who voted for the exchange and then drew no challenge in this year’s GOP primary election; none of them were from North Idaho.