SB 1110: An egregious mistake

On Aug. 23, the Idaho Supreme Court ruled Senate Bill SB 1110, authored and championed by Senator Steve Vick along with his numerous Republicans-In-Name-Only colleagues in the 66th Legislature, violated the fundamental constitutional rights of each and every citizen of Idaho, guaranteed under the Idaho Constitution.

According to the Supreme Court, SB 1110, passed for purely partisan purposes, would have made it virtually impossible for a citizen initiative, a right expressly provided for in the Idaho Constitution, from ever being enacted into law.

To give some context, this would be tantamount to the Idaho Legislature declaring gun ownership is no longer allowed in Idaho. So egregious was SB 1110, the Supreme Court ordered the defendants pay the costs and attorneys fees of the challenging party Reclaim Idaho, an extraordinary remedy.

In more than 40 years of practicing law, I can’t recall reading a Supreme Court decision that makes an award like this, particularly in Idaho, where it is well-known the Supreme Court is not an activist court.

Senator Vick, you should be ashamed and embarrassed. In writing and passing SB 1110, you have violated your oath of office wherein you swore to uphold and defend the Idaho Constitution, not do it damage. More to the point, with the resources at your disposal you knew or should have known SB 1110 was unconstitutional when drafted. Yet you pushed it forward. Shame on you.

ROBERT A. DUTTON

Attorney at Law

Harrison