October 17, 2008
State Con Law Development: Utah
Amendments to state constitutions by voter initiative are a prominent feature of recent elections.
In Utah, the legislature sought to curb this practice. And the Utah Supreme Court unanimously ruled today that the law is unconstitutional.
Here's what The Salt Lake Tribune says:
The Utah Supreme Court on Friday struck down a new law limiting citizen-initiative powers.
"This direct prohibition of the subject of an initiative brought otherwise within the conditions, manner and time restrictions imposed by law is beyond the power of the Legislature to enact," wrote Justice Michael Wilkins in voiding SB53.
The unanimous opinion noted that the Utah Constitution gives both the Legislature and the people equivalent power to enact or change legislation.
The rest of the article is available here.
The opinion will be available on the Utah Supreme Court website here.
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