No matter who wins, you lose

By DAVID ROTH | Democratic columnist | Feb 5, 2021

For a Legislature that prides itself on frugality and efficiency, I have to admit that I am taken back by some of the actions of the Legislature this session. I don’t understand this legislative body’s obsession with costly legal disputes, often with itself.

Let’s start with the $4 million infusion into the legislative legal defense fund. This fund has been building over the last few years and is instrumental in lining the pockets of the lawyers who defend the Legislature. This fund is generally not all that successful in defending the actions of the Legislature. Some great examples over the last few decades include the Ag-Gag Bill, laws with regards to oil and gas rights, laws about marriage equality, laws about who can be buried in a veteran’s cemetery, and various other lawsuits related to sexual orientation and gender identity.

Have no fear, though, the Idaho state attorney general spokesman has noted that they have actually won some cases. Just recently the Idaho state Legislature prevailed in a legal dispute over office space with the Idaho Treasury Department. The Legislature was quick to take their victory lap. They really showed the Treasury Department who is boss. So what if it cost the Idaho taxpayer — who got stuck with the legal bill for both sides — several hundred thousand dollars.

And now with this $4 million infusion, the Legislature is gearing up for their next legal battle. This time with a more formidable opponent: the governor of Idaho — who, incidentally, is a member of the same political party. The Legislature plans to pass legislation limiting the powers of the governor in cases of an emergency. Keep in mind that the state attorney general, also from the same political party, has weighed in calling the laws unconstitutional. The Republican Legislature wants to use a concurrent resolution, which doesn’t require the governor’s signature, to end the governor’s emergency declaration. The Republican attorney general has stated that concurrent resolutions merely express the Legislature’s preference, but don’t have the force of law. If the Republic legislators want to pull back the power of the governor from their own party, they should at least do so the right way — by passing a law in both chambers to overturn the emergency declaration, and if the governor vetoes it, override the veto.

Keep in mind the restrictions that they are trying to overturn have helped keep our state safer, as well as providing federal emergency money.

Incidentally, Idaho Senate President Pro Tempore Chuck Winder was recently quoted as saying, “We didn’t choose to get sued.” Didn’t you? When your own attorney general issues opinions saying, “If you do this, you will get sued,” and you do it anyway, isn’t that kind of asking to get sued? So, in case it was not clear to the Legislature, if the attorney says, “You can’t do this or you will get sued,” that means don’t do it.

Remember in this legal fight, it does not matter who wins, you lose. We all do.

David Roth is the Democratic Legislative District 33 vice chairman.