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Remember the SB2 lawsuit? (Refresher on the year-old discussion here and here. )

The court just drove a stake through its heart. They dismissed the allegations relating to the single subject rule and the clear title provision. The complaint about the Legislature delegating powers to the Department of Human Resource Management that might have gone to the State School Board is still being litigated.

Here is the PDF.

3 Comments:

 Anonymous said...

From the ruling:

"Based upon case law, and Plaintiff's failure to make anything other than conclusory allegations without support of factual averments, the Court GRANTS Defendant's Motion to Dismiss."

Sounds like the court agreed with the Legislature that this suit was nothing more than political posturing.

It's sad that the press so willingly allowed this baseless case to be used in the way they did.

5/26/2009 4:12 PM  

 Anonymous said...

What's really sad is that you jokers in the legislature will interpret this ruling as judicial support for your policy of ramming controversial legislative elements through sessions without those elements ever being voted on individually.

Legislating education (or any other important public policies) by omnibus doesn't serve Utahns well. What you did may have been legal but it sure was slimy. Utahns deserve better.

5/27/2009 12:10 AM  

 Ronald Reagan said...

This is the problem with activist judges.

5/27/2009 12:27 AM  

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