Showing posts with label University of Wyoming. Show all posts
Showing posts with label University of Wyoming. Show all posts

Friday, March 1, 2024

The 2024 Wyoming Legislative Session. Part 4. Oedant Arma Toga.

 


February 26, 2024

The start of week three.

February 27, 2024

Given the huge differences between the House and Senate versions of the budget, a special session is being discussed.

The legislature just passed the halfway mark last Friday.

The much talked about tax restructuring House Bill 203 was heavily amended yesterday so that the $1,000,0000 home value exemption was dropped to  $200,000 and the sales tax from 2% to 1%, effectively eliminating the real structure of the bill.

I earlier predicted it would die, and this is, unfortunately, a new bill.  It'll still die, but for the overwhelming majority of Wyomingites, all this would do is create a new tax.  Changing the $1,000,000 to, perhaps, $500,000 would have made sense, but probably most Wyoming homes now have a $200,000 value.

The Senate passed SF 105 which bans credit card tracking of firearms purchased, a totally non-existent problem that even an interview from a local sporting goods store was baffled about.

February 27, cont:

Not really legislative, but:

Governor Gordon Issues Line-Item Vetoes to Secretary of State’s ESG Investing Rules

CHEYENNE, Wyo. – After careful review of a rules package proposed by Secretary of State Chuck Gray on Environmental, Social, and Governance (“ESG”) investment disclosure and consent, Governor Mark Gordon has determined that parts of the rules go beyond the Secretary’s legal authority. As a result the Governor issued line item-vetoes of portions of the rules. 

The Governor has long-opposed any artificial implementation of ESG factors in investment strategies. 

“While I agree that ESG investment guidance is improper and misleading, the answer to too much government interference in our lives is not more government,” Governor Gordon said. “No government should have the right to direct people’s personal investment strategies.”

In a letter sent to Secretary Gray, Governor Gordon notes that by law he can only approve rules within the bounds set by statute. In the case of the proposed rules addressing ESG investing, the statute does not allow the government to tell individuals how they must invest their dollars. The consumer protection required by Wyoming and federal law speaks to transparency and disclosure only. Informed consumers should have the freedom to make their own investment choices. 

“To be clear, I agree with your efforts to better illuminate investment practice and strategy through disclosure. Properly informed investors are always better able to make good decisions for themselves,” Governor Gordon wrote.

“Our appetite to oppose radical and misguided ESG initiatives in Wyoming does not justify implementing rules beyond the scope of statutory authority or interfering in the personal investment choices of Wyoming citizens. Personal responsibility and liberty are sacred principles that are all too often usurped by government mandate,” he added.

In the letter, the Governor also noted that federal securities laws expressly prohibit state conflicts “in the regulation of (1) federally covered securities, (2) broker dealers, (3) federally covered investment advisors, (4) investment advisor representatives, and (5) securities agents.”

The Governor’s letter to the Secretary of State may be viewed here. A copy of the Governor’s line-item vetoes can be found here.

 And:

Secretary Gray Expresses Disappointment in Governor's Line-Item Veto of Rules to Protect Investors from ESG Investments through Increased Disclosure; Secretary Gray Reiterates Need to Protect Investors from Radical ESG Investments

     CHEYENNE, WY – On February 27, 2024, Governor Mark Gordon line-item vetoed amendments to Chapters 2, 4, 5, and 10 of the Wyoming Secretary of State’s Securities Rules, which required disclosure and consent to Environmental, Social, and Governance (“ESG”) investment strategies by requiring investment advisers, broker-dealers, and securities agents to disclose to their customers or clients whether they are incorporating a social objective, i.e. whether they are considering social criteria, in the investment or commitment of customer or client funds, and obtain their consent. Following the Governor’s line-item veto, the rules limit the definition of a social objective, and will require written disclosure for some ESG-related investments, but will not require customer or client consent.

     “I am disappointed in and disagree with Governor Gordon’s decision to line-item veto key portions of our proposed Securities Rules,” Secretary of State Chuck Gray said in a statement. “From the beginning of this rulemaking, we addressed concerns raised by Governor Gordon. We underwent a thorough public comment period, and fully considered all feedback received. As I wrote previously in my letter dated July 19, 2024, and again in my letter dated January 16, 2024, the Wyoming Uniform Securities Act clearly allows Wyoming to protect customers and clients from the harmful effects of ESG investments. I am disappointed to see the Governor’s rationale has adopted the recycled talking points of the radical left and Wall Street elites, rather than sound legal arguments. We must take concrete, proactive action to protect our state and consumers from the dangers presented by ESG investments maliciously targeting our core industries.”

     “Although the Governor’s line-item veto weakened the amount of protections we attempted to provide to customers and clients to protect them from the dangers of ESG investment strategies, I believe the final rules offer a necessary starting point to protect Wyomingites from social ideologues imposing their radical, clown-show agenda on our state.”  

Cont:

Passed Senate, on to House:

SENATE FILE NO. SF0094

An act regarding compelled speech and state employers.

Sponsored by: Senator(s) Hutchings, French and Ide and Representative(s) Styvar and Ward

A BILL

for

AN ACT relating to the administration of government; prohibiting the state and its political subdivisions from compelling speech as specified; authorizing a civil remedy; providing an exception to the Wyoming governmental claims act; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 9‑14‑301 is created to read:

ARTICLE 3

COMPELLED OR PROHIBITED SPEECH

9‑14‑301.  Compelled speech; civil action.

(a)  The state and its political subdivisions shall not compel or require an employee to refer to another employee using that employee's preferred pronouns:

(i)  As a condition of continuing or commencing employment or contracting with the state or a political subdivision;

(ii)  As a condition to receive a grant, contract, license or other benefit afforded by the state or a political subdivision; or

(iii)  Under threat of adverse action by the state or a political subdivision, including but not limited to an adverse employment action, exclusion, sanction or punishment.

(b)  Any person aggrieved by a violation of subsection (a) of this section may file a civil action in any court of competent jurisdiction against the state or any political subdivision, and its employees acting in their official capacities, responsible for the violation to recover appropriate relief, including injunctive or declaratory relief, compensatory damages, reasonable attorney fees and court costs.

Section 2.  W.S. 1‑39‑104(a) is amended to read:

1‑39‑104.  Granting immunity from tort liability; liability on contracts; exceptions.

(a)  A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1‑39‑105 through 1‑39‑112 and 9‑14‑301. Any immunity in actions based on a contract entered into by a governmental entity is waived except to the extent provided by the contract if the contract was within the powers granted to the entity and was properly executed and except as provided in W.S. 1‑39‑120(b). The claims procedures of W.S. 1‑39‑113 apply to contractual claims against governmental entities.

Section 3.  This act applies to civil causes of action that are initiated on or after the effective date of this act.

Section 4.  This act is effective July 1, 2024.

Passed House, on to Senate, and totally ineffectual due to the Supremacy Clause:

HOUSE BILL NO. HB0036

Natural Resource Protection Act.

Sponsored by: Select Federal Natural Resource Management Committee

A BILL

for

AN ACT relating to protection of constitutional rights; providing a declaration of authority and policy; prohibiting the enforcement of federal rules or regulations regarding federal land management as specified; providing an exception; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 9‑14‑301 through 9‑14‑303 are created to read:

ARTICLE 3

NATURAL RESOURCE PROTECTION ACT

9‑14‑301.  Short title.

This article shall be known and may be cited as the "Natural Resource Protection Act."

9‑14‑302.  Declaration of authority and policy.

(a)  The Natural Resource Protection Act is enacted under the authority of the tenth amendment to the United States constitution and Wyoming's agreement with the United States that the state adopted when it joined the union under the United States constitution's system of dual sovereignty.

(b)  The legislature finds and declares:

(i)  The federal government shall comply with federal law when administering federal lands;

(ii)  The federal government arbitrarily restricting significant amounts of federal lands from public use is contrary to managing federal land under principles of multiple use and sustained yield;

(iii)  Any failure by the federal government to abide by the law undermines the rule of law that is vital to our system of government. 

9‑14‑303.  Prohibiting the enforcement of federal regulation regarding federal land management; penalty.

(a)  Upon a determination by the governor, with advice from the attorney general, that an executive order, final rule or regulation of the federal government does not comply with federal laws regarding federal land management and upon providing notice, this state and all political subdivisions of this state shall not use any personnel, funds appropriated by the legislature or any other source of funds that originate within the state of Wyoming to enforce or administer that federal executive order, final rule or regulation. The governor shall not revoke a valid primacy agreement with a federal agency over the regulation and enforcement of a federal law or program until a court of competent jurisdiction determines the federal executive order, final rule or regulation is unlawful.

(b)  Nothing in this act shall limit or restrict a public officer, as defined by W.S. 6‑5‑101(a)(v), from providing assistance to federal authorities for purposes not specifically identified in subsection (a) of this section. Nothing in this act shall be construed to prohibit any governmental entity from accepting federal funds for law enforcement purposes.

Section 2.  This act is effective July 1, 2024.

February 28, 2024

The Joint Conference Committee was picked to work out the $1B difference between the House and the Senate budgets.  The members are Sens. Dave Kinskey, R-Sheridan, Tim Salazar, R-Riverton, Sens. Anthony Bouchard, R-Cheyenne, Dan Laursen, R-Powell, and Troy McKeown, R-Gillette. Three of the members are extremely conservative.

This signals there's going to be a lot of cutting in the Senate version of the budget.

Chloe's law passed the Senate. The bill bans sexual mutilation of children, something that should simply be overall outright banned.

SENATE FILE NO. SF0099

Chloe's law-children gender change prohibition.

Sponsored by: Senator(s) Bouchard, Biteman, Boner, Brennan, Dockstader, French, Hicks, Hutchings, Ide, Kinskey, Kolb, Laursen, D, McKeown, Salazar and Steinmetz and Representative(s) Andrew, Davis, Heiner, Hornok, Jennings, Knapp, Locke, Neiman, Niemiec, Ottman, Pendergraft, Penn, Rodriguez-Williams, Slagle, Strock, Styvar, Trujillo and Winter

A BILL

for

AN ACT relating to public health and safety; prohibiting physicians from performing procedures for children related to gender transitioning and gender reassignment; providing an exception; providing that gender transitioning and reassignment procedures are grounds for suspension or revocation of a physician's or health care provider's license; providing definitions; specifying applicability; requiring rulemaking; and providing for effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 35‑4‑1001 is created to read:

ARTICLE 10

GENDER‑RELATED PROCEDURES

35‑4‑1001.  Gender transitioning and reassignment procedures for children prohibited.

(a)  As used in this section:

(i)  "Child" means a person who is younger than eighteen (18) years of age;

(ii)  "Health care provider" means a person other than a physician who is licensed, certified or otherwise authorized by Wyoming law to provide or render health care or to dispense or prescribe a prescription drug in the ordinary course of business or practice of a profession;

(iii)  "Physician" means any person licensed to practice medicine in this state by the state board of medicine under the Medical Practice Act.

(b)  Except as provided in subsection (c) of this section and for purposes of transitioning a child's biological sex as determined by the sex organs, chromosomes and endogenous profiles of the child or affirming the child's perception of the child's sex if that perception is inconsistent with the child's biological sex, no physician or health care provider shall:

(i)  Perform a surgery that sterilizes the child, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty and vaginoplasty;

(ii)  Perform a mastectomy;

(iii)  Provide, administer, prescribe or dispense any of the following prescription drugs that induce transient or permanent infertility:

(A)  Puberty suppression or blocking prescription drugs to stop or delay normal puberty;

(B)  Supraphysiologic doses of testosterone to females;

(C)  Supraphysiologic doses of estrogen to males.

(iv)  Remove any otherwise healthy or nondiseased body part or tissue.

(c)  This section shall not apply to:

(i)  Procedures or treatments that are performed with the consent of the child's parent or guardian and are for a child who is born with a medically verifiable genetic disorder of sex development, including 46, XX chromosomes with virilization, 46, XY with undervirilization or both ovarian and testicular tissue;

(ii)  Any procedure or treatment that is performed with the consent of the child's parent or guardian and is for a child with medically verifiable central precocious puberty.

Section 2.  W.S. 33‑21‑146(a)(xi), (xii) and by creating a new paragraph (xiii), 33‑24‑122(a)(intro), (ix) and by creating a new paragraph (xi) and 33‑26‑402(a) by creating a new paragraph (xxxvi) are amended to read:

33‑21‑146.  Disciplining licensees and certificate holders; grounds.

(a)  The board of nursing may refuse to issue or renew, or may suspend or revoke the license, certificate or temporary permit of any person, or to otherwise discipline a licensee or certificate holder, upon proof that the person:

(xi)  Has failed to submit to a mental, physical or medical competency examination following a proper request by the board made pursuant to board rules and regulations and the Wyoming Administrative Procedure Act; or

(xii)  Has violated a previously entered board order;. or

(xiii)  Has violated W.S. 35‑4‑1001.

33‑24‑122.  Revocation or suspension of license and registration; letter of admonition; summary suspension; administrative penalties; probation; grounds.

(a)  The license and registration of any pharmacist may be revoked or suspended by the board of pharmacy or the board may issue a letter of admonition, refuse to issue or renew any license or require successful completion of a rehabilitation program or issue a summary suspension for any one (1) or more of the following causes:

(ix)  For senility or mental impairment which impedes the pharmacist's professional abilities or for habitual personal use of morphine, cocaine or other habit forming drugs or alcohol; or

(xi)  For violating W.S. 35‑4‑1001.

33‑26‑402.  Grounds for suspension; revocation; restriction; imposition of conditions; refusal to renew or other disciplinary action.

(a)  The board may refuse to renew, and may revoke, suspend or restrict a license or take other disciplinary action, including the imposition of conditions or restrictions upon a license on one (1) or more of the following grounds:

(xxxvi)  Violating W.S. 35‑4‑1001.

Section 3.  W.S. 35‑4‑1001, as created by section 1 of this act, shall apply only to conduct or procedures occurring on and after the effective date of this act.

Section 4.  The department of health, state board of medicine and state board of pharmacy shall promulgate all rules necessary to implement this act.

Section 5.  

(a)  Except as provided in subsection (b) of this section, this act is effective July 1, 2024.

(b)  Sections 4 and 5 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

The bill restructuring Wyoming's tax system died, as we predicted.

A bill eliminating gun free zones in Wyoming passed the House.  My prediction is that it shall die in the Senate.

February 28, cont:

The Senate has voted to defund gender studies and the diversity office at the University of Wyoming.  This is not a surprise,

Right wing populist Senator Bob Ide, on the action, stated:

I think we have a real opportunity to set University of Wyoming apart as a grassroots, traditional-value university.

This was done by way of a footnote in the budget, and it's far from certain that the footnote will survive budget resolution. 

February 29, 2024

A bill to require abortion clinics to be licensed pass the House and is through a Senate committee.  It provides:

HOUSE BILL NO. HB0148

Regulation of surgical abortions

Sponsored by: Representative(s) Lawley, Bear and Washut and Senator(s) Biteman, Boner, Brennan, Hutchings, Salazar and Steinmetz

A BILL

for

AN ACT relating to public health and safety; requiring the licensure of surgical abortion facilities as specified; requiring licensed physicians to perform abortions after an ultrasound; providing criminal penalties for violations; specifying civil liability for damages resulting from abortions; providing definitions; making conforming amendments; specifying applicability; requiring rulemaking; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 35‑6‑201 through 35‑6‑205 are created to read:

ARTICLE 2

REGULATION OF SURGICAL ABORTIONS

35‑6‑201.  Definitions.

(a)  As used in this article:

(i)  "Abortion" means the act of using or prescribing any instrument, medicine, drug or any other substance, device or means with the intent to terminate the clinically diagnosable pregnancy of a woman, including the elimination of one (1) or more unborn babies in a multifetal pregnancy, with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn baby. "Abortion" shall not include any use, prescription or means specified in this paragraph if  the use, prescription or means are done with the intent to:

(A)  Save the life or preserve the health of the unborn baby;

(B)  Remove a dead unborn baby caused by spontaneous abortion or intrauterine fetal demise;

(C)  Treat a woman for an ectopic pregnancy; or

(D)  Provide treatment for a pregnant woman when a medical procedure or treatment is necessary, based on reasonable medical judgment, to save or preserve the life of the pregnant woman.

(ii)  "Hospital" means those institutions licensed by the Wyoming department of health as hospitals;

(iii)  "Physician" means any person licensed to practice medicine in this state;

(iv)  "Pregnancy" or "pregnant" means the human female reproductive condition of having a living unborn baby or human being within a human female's body throughout the entire embryonic and fetal stages of the unborn human being from fertilization to full gestation and childbirth;

(v)  "Reasonable medical judgment" means a medical judgment that would be made or a medical action that would be undertaken by a reasonably prudent, qualified physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;

(vi)  "Surgical abortion" means an induced abortion performed or attempted through use of a machine, medical device, surgical instrument or surgical tool, or any combination thereof, to terminate the clinically diagnosable pregnancy of a woman with knowledge and the intent that the termination by those means will cause, with reasonable likelihood, the death of the unborn child;

(vii)  "Surgical abortion facility" means any facility, other than a hospital, that provides a surgical abortion to a woman and performs not less than three (3) first‑trimester surgical abortions in any one (1) month or not less than one (1) second‑trimester or third‑trimester surgical abortion in any one (1) year.

35‑6‑202.  Surgical abortion facilities; licensure requirement; prohibitions; penalties.

(a)  Each surgical abortion facility in Wyoming shall be licensed as an ambulatory surgical center in accordance with W.S. 35‑2‑901 through 35‑2‑914 and the rules of the department of health. Each surgical abortion facility performing surgical abortions shall have a separate license.

(b)  No surgical abortion facility shall provide surgical abortions to any pregnant woman without first being licensed as an ambulatory surgical center.

(c)  Each surgical abortion facility shall comply with all rules of the department of health concerning the operation and regulation of ambulatory surgical centers. No license issued to a surgical abortion facility shall be transferable or assignable to any other person or facility.

(d)  Each licensed physician performing at least one (1) surgical abortion at a surgical abortion facility shall:

(i)  Report each surgical abortion to the department of health and shall attest in the report that the physician is licensed and in good standing with the state board of medicine;

(ii)  Submit documentation in a form and frequency required by the department of health that demonstrates that the licensed physician has admitting privileges at a hospital located not more than ten (10) miles from the abortion facility where the licensed physician is performing or will perform surgical abortions.

(e)  Any person who violates this section shall be guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00). Each calendar day in which a violation of this section occurs or continues is a separate offense.

35‑6‑203.  Abortion facilities; surgical abortions; requirements; rulemaking.

(a)  Any surgical abortion performed at a surgical abortion facility in the state shall only be performed by a physician licensed in the state of Wyoming.

(b)  Any person who performs in the state any surgical abortion at a surgical abortion facility in violation of subsection (a) of this section is guilty of a felony punishable by imprisonment for not less than one (1) year nor more than fourteen (14) years.

(c)  No person shall perform a surgical abortion at a surgical abortion facility in Wyoming who is not a licensed physician with admitting privileges at a hospital located not more than ten (10) miles from the abortion facility where the surgical abortion is performed.

(d)  Any person who violates subsection (c) of this section or if a pharmacist or physician violates W.S. 35‑6‑205 shall be guilty of a misdemeanor punishable by a fine of one thousand dollars ($1,000,00). For purposes of this subsection, each surgical abortion at a surgical abortion facility shall constitute a separate offense of subsection (c) of this section.

(e)  The department of health shall promulgate rules necessary to regulate surgical abortion facilities as ambulatory surgical centers under W.S. 35‑2‑901 through 35‑2‑914, provided that the rules:

(i)  Applicable to surgical abortion facilities are not less stringent than those rules applicable to ambulatory surgical centers;

(ii)  Provide for the physical inspection of surgical abortion facilities by the department of health every three (3) years.

35‑6‑204.  Applicability; effect.

If any provision of this article conflicts with the Life is a Human Right Act or W.S. 35‑6‑139, the provisions of the Life is a Human Right Act and W.S. 35‑6‑139 shall control over this article to the extent that the Life is a Human Right Act and W.S. 35‑6‑139 are enforceable.

35‑6‑205.  Abortion facilities; licensure requirements verification; prohibitions; penalties.

Not less than forty‑eight (48) hours before a pregnant woman procures the drugs or substances for a chemical abortion, before a physician or pharmacist dispenses the drugs or substances necessary for a chemical abortion or before a pregnant woman undergoes a surgical abortion, the physician or pharmacist shall ensure that the pregnant woman receives an ultrasound in order to determine the gestational age of the unborn child, to determine the location of the pregnancy, to verify a viable intrauterine pregnancy and to provide the pregnant woman the opportunity to view the active ultrasound of the unborn child and hear the heartbeat of the unborn child if the heartbeat is audible. The provider of the ultrasound shall provide the pregnant woman with a document that specifies the date, time and place of the ultrasound.

Section 2.  W.S. 35‑2‑901(a)(ii) is amended to read:

35‑2‑901.  Definitions; applicability of provisions.

(a)  As used in this act:

(ii)  "Ambulatory surgical center" means a facility which provides surgical treatment to patients not requiring hospitalization and is not part of a hospital or offices of private physicians, dentists or podiatrists. "Ambulatory surgical center" shall include any surgical abortion facility as defined by W.S. 35‑6‑201(a)(vii);

Section 3.

(a)  Nothing in this act shall be construed as creating an individual right to abortion.

(b)  It is the intent of the legislature that this act shall not be construed as holding abortion as lawful in the state pending a decision from a court of competent jurisdiction on the current state of the law.

(c)  It is the intent of the legislature that this act shall not recognize or define abortion as a health care decision under Article 1, section 38 of the Wyoming Constitution.

Section 4.  The department of health shall promulgate all rules necessary to implement this act.

Section 5.  This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

This may seem like an odd bill in that the legislature has outlawed abortion already, although the disposition of that law is in peril due to a poorly thought out paranoid Wyoming Constitutional amendment that was aimed at the fictional threat of Obamacare "death panels", a good example of paranoia in operation combined with the Law of Unintended Consequences.  Those who backed that law should be ashamed of themselves.  Anyhow, this bill seeks to regulate infanticide abattoirs if they're allowed to exist, and during the period in which the issue is pending in what seems like a glacially slow Teton County proceeding.

It might be questioned why no effort has been made to repeal the silly Obamacare Paranoia Amendment, but none has.  Probably "They're Going To Make Me Vaccinate" paranoia has something to do with that.

March 1, 2024

A bill to relocate bighorn sheep from Sweetwater Rocks has gotten through a House Committee after passing the Senate.  The measure is designed to protect domestic sheep.

SENATE FILE NO. SF0118

Bighorn and domestic sheep relocation-federal action.

Sponsored by: Senator(s) Hicks and Representative(s) Western

A BILL

for

AN ACT relating to wildlife and livestock; providing legislative findings; requiring the game and fish department to relocate or remove bighorn sheep from the Sweetwater Rocks cooperative review area in response to specified federal action; providing for the reimbursement of costs for relocation or removal of bighorn sheep; requiring and authorizing attorney general action as specified; amending the duties of the wildlife/livestock research partnership board; providing appropriations; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 11‑19‑605 is created to read:

11‑19‑605.  Wyoming bighorn/domestic sheep relocation and removal; legislative findings; reimbursement; attorney general action.

(a)  The legislature finds and declares that it is the state's policy to vigorously defend its interests in maintaining and enhancing viable livestock grazing operations on public lands in conjunction with the conservation and maintenance of healthy bighorn sheep populations in the state of Wyoming. These two (2) policies are mutually compatible as demonstrated since the adoption of the collaboratively developed Wyoming bighorn/domestic sheep plan in 2004, which was codified into law under W.S. 11‑19‑604 in 2015. The legislature further finds and declares that:

(i)  Reintroduction of bighorn sheep and management action to protect existing populations of bighorn sheep on federal public lands has been effectively accomplished in conformance with the Wyoming bighorn/domestic sheep plan;

(ii)  All wildlife in the state of Wyoming is the property of the state, and it is the policy of the state to provide an adequate and flexible system for control, propagation, management, protection and regulation of all Wyoming wildlife;

(iii)  Any removal of bighorn sheep from the Sweetwater Rocks cooperative review area under this act shall not be attributable to domestic livestock grazing on federal bureau of land management administered lands. Rather, the removal of bighorn sheep shall be directly attributable to:

(A)  Onerous federal regulation that unduly impedes the state of Wyoming's ability to manage wildlife and domestic livestock grazing in conformance with the Wyoming bighorn/domestic sheep plan;

(B)  Third‑party litigation designed to use bighorn sheep as a means of eliminating domestic livestock grazing on bureau of land management administered lands in and adjacent to the Sweetwater Rocks cooperative review area.

(iv)  The provisions of this section shall be enforced by the state.

(b)  In conformance with the Wyoming bighorn/domestic sheep plan in W.S. 11‑19‑604 and pursuant to W.S. 23‑1‑103, the game and fish department shall relocate or remove bighorn sheep from the Sweetwater Rocks cooperative review area if any federal judicial action or federal agency action requires or could require the following:

(i)  The elimination or suspension of domestic sheep grazing or trailing; or

(ii)  Any changes to a United States bureau of land management resource management plan, grazing allotments or livestock grazing agreements due to the presence of bighorn sheep in the Sweetwater Rocks cooperative review area or any adjacent grazing allotment that is not in a designated bighorn sheep herd unit after July 1, 2024 without the consent of the grazing permittee.

(c)  Any relocation or removal of bighorn sheep from the Sweetwater Rocks cooperative review area required by subsection (b) of this section shall commence as soon as practicable but not later than six (6) months after the Wyoming department of agriculture certifies to the governor that a condition specified in subsection (b) of this section is met. The governor shall notify the game and fish department that the removal of bighorn sheep from the Sweetwater Rocks cooperative review area shall commence in accordance with this section.

(d)  The game and fish department shall be responsible for the expedient removal of bighorn sheep that stray outside the Sweetwater Rocks cooperative review area if that straying or foray is not into another designated herd unit.

(e)  The state and its agencies shall coordinate and assist the Wyoming congressional delegation in pursuing changes to federal law, rules and policies in order to bring them into conformance with the Wyoming bighorn/domestic sheep plan created under W.S. 11‑19‑604.

(f)  The Wyoming game and fish department shall not seek to change, alter or otherwise affect changes to domestic livestock grazing authorization on public and state lands due to the presence of bighorn sheep in the Sweetwater Rocks cooperative review area or adjacent grazing allotments that are not within an existing bighorn sheep herd unit.

(g)  The game and fish department shall be reimbursed for the costs of relocation or removal of bighorn sheep pursuant to subsection (b) of this section from any available funds in the wildlife/livestock disease research partnership account created by W.S. 11‑19‑603.

(h)  With the approval of the governor, the attorney general shall seek to intervene in any lawsuit if a federal action is contrary to the state's policy regarding Wyoming bighorn/domestic sheep set forth in subsection (a) of this section or that is inconsistent with the Wyoming bighorn/domestic sheep plan.

(j)  With the approval of the governor, the attorney general shall file an action against any federal agency to stop the enforcement, administration or implementation of any federal agency rule, instructional memo, handbook or other action taken by a federal agency if the rule, instructional memo, handbook or other action is contrary to the Wyoming bighorn/domestic sheep plan or is otherwise contrary to law.

Section 2.  W.S. 11‑19‑602(b) by creating a new paragraph (vii) and 11‑19‑603 are amended to read:

11‑19‑602.  Wyoming wildlife/livestock disease research partnership board created; membership; duties; purposes.

(b)  The board shall:

(vii)  Allocate funds for monitoring, tracking and conducting disease surveillance before and following the introduction of bighorn sheep in the Sweetwater Rocks cooperative review area.

11‑19‑603.  Account created.

There is created a wildlife/livestock disease research partnership account. Funds from this account shall be used only for purposes specified in W.S. 11‑19‑601 through 11‑19‑604 11‑19‑605. Any interest earned on the account shall remain within the account.

Section 3.

(a)  There is appropriated one hundred thousand dollars ($100,000.00) from the general fund to the wildlife/livestock disease research partnership account for purposes of reimbursing the game and fish department for the costs of relocation or removal of bighorn sheep under this act. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2030. This appropriation shall not be transferred or expended for any other purpose. Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) and 9‑4‑207, this appropriation shall not revert until June 30, 2030.

(b)  There is appropriated fifty thousand dollars ($50,000.00) from the general fund to the department of agriculture for the rangeland health assessment program to conduct rangeland monitoring of the United States bureau of land management grazing allotments in or adjacent to the Sweetwater Rocks bighorn sheep cooperative review area. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2030. This appropriation shall not be transferred or expended for any other purpose. Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) and 9‑4‑207, this appropriation shall not revert until June 30, 2030.

Section 4.  This act is effective July 1, 2024.

The area is near Agate Flats in Fremont County.

March 1, cont:

Governor Gordon Signs First Bills of 2024 Legislative Session 

CHEYENNE, Wyo. – Governor Mark Gordon signed the first bills of the 2024 Legislative session at the Capitol today.

The first bill to be signed by the Governor was Senate File 0004 Rehiring retired firefighters-continued retirement benefits. Sponsored by the Joint Labor, Health and Social Services committee, the bill allows retired firefighters to be rehired while continuing to receive retirement benefits, including a pension.

The Governor signed the following bills into law today:

Enrolled Act # Bill No. Bill Title

SEA0001 SF0017 Plane coordinates system-amendments.

SEA0002 SF0015 Acceptance of retrocession-federal military installations.

SEA0003 SF0004 Rehiring retired firefighters-continued retirement benefits.

Last Prior Edition:

The 2024 Wyoming Legislative Session. Part 3. The start of the budget session.


Appendix:

Saturday, February 24, 2024

The 2024 Wyoming Legislative Session. Part 3. The start of the budget session.


February 12, 2024

The legislature convenes today.

February 13, 2024


I'd comment, but I haven't listened to it yet.

February 15, 2024

Having now listened to it, Governor Gordon's State of the State, it was clearly disappointing.  I can't strongly recall Governor Gordon's prior State of the State speeches, but this was clearly in the category of "red meat" for an intended audience.

The speech pitched to the far right and was full of Wyoming v. The Biden Administration invective, promising lawsuits against the Federal Government and the like, and promising that Wyoming's fossil fuel industry would be relevant in its current form forever.  Gordon only hinted on industry changes being necessary for its survival, but otherwise declared that people have to depend on us whether they like it or not. Gordon knows better, so it was truly a political speech.

Interestingly, it's drawn criticism from some on the far right for being hypocritical.  And there's some merit to that claim.  Gordon has been under fire from the far right for his Carbon Neutrality discussions recently, and rather cynically tried to recast his statements.

"State of the _________" speeches are, quite frankly, approaching the worthless point, if in fact they did not do so sometime ago, as those delivering them just won't be honest in them. Everyone would be stunned if a President gave one that said something like "ladies and gentlemen, I'm here to report the State of the Union is imperiled, and It's because you either won't tell the truth or don't know what it is" or "I'm Gov. Jones, and oh boy, there are a bunch of problems here to solve".

The budget information was, however, interesting.

The Senate voted 17-14 to reinstate Sen. Dave Kinskey, R-Sheridan, as chairman of the Legislature’s most powerful committee after  President Ogden Driskill, R-Devils Tower, unilaterally stripped Kinskey of the position last April. This removed Sen. Tara Nethercott who had been chosen to replace Kinskey.

House Bill 63 outlawing child sex change (mutilation) surgeries failed to secure enough votes for introduction because, oddly, the Freedom Caucus opposed it for not going far enough and House Democrats opposed it for going too far, thereby giving an example of the perfect being the enemy of the good.

February 21, 2024.

House Bill 203, paased the House Revenue Committee. The Bill exempts $200,000 of the fair market value of the assessment of single-family residential properties for this current tax year and $1,000,000 of fair market thereafter in exchange for an additional 2% sales tax.

I have mixed ffeelings about this bill, and I'm mostly mixed against it. Wyomingites fail to appreciate how much they actually depend on tax revenues simply for local governments to function and also are in the odd situation of not equating a host of things that encourage property value inflation with things they don't like.  Basically, a lot of Wyomingites would like the state to remain what it was in some priro decade (and I confess I hold those views) while also having booming local economies and the like.  Things have to give somewhere, and where they've been giving is in inflating property values.  Removing $1M in valuation in this fashion will actually encourage that, and bring about additional problems.

Most people will like the bill, however, until they pay the sales tax, and then they'll be made about that.

And also:

House passes bill to rein in insurance providers

February 22, 2024

The legislature really hit the op eds this morning.

A bill mandating power plants to carbon capture, which is thought of as a way to save coal fire plants and hence coal, was criticized by an engineer as unworkable in the Trib.

Whether its unworkable or not, as a technology, it's likely not cost productive, although I'm not an engineer and can't venture a qualified opinion.

The Freedom Caucus criticized Governor Gordon's budget as unworkable and unsustainable.

Generally, the far populist right is hostile to government in general, and a favorite concept of it has been to "starve" the government to death. That's been tried repeatedly at the Federal level, where it's been forgotten that the Government can just borrow money, mostly from the Chinese, so it still dines out, just on The Bank of the Public Credit Card.  At the local level, however, it can't do that.

Frankly, I've never seen a Wyoming budget that I regarded as containing much fat, so I'm skeptical that this is a big budget.  One item, a raise in government employees salaries, is definitely not unwise spending. The state's employees are under compensated, and sometimes I wonder how they even get by.  Basically all this budget does is to try to catch up, which it doesn't, but at least it does something.

The list of things specifically complaints of is interesting.  Other than an increase in salaries, they are, and we quote:
"$21.8 million for a new gun/firing range.
$10 million in ‘contingency.’
$38 million for “affordable housing.”
$7.5 million to build a new helibase."
I'm not keen on a couple of these things. The "gun/firing range" is the range at the Law Enforcement Academy.  It needs to be rebuilt.  I'm for that.

But to call it a "gun/firing range" is revealing.  

I've noted before the FC is mostly made up of imports from out of state.  Nobody familiar with firearms calls a shooting range a "gun/firing range".

$10,000,000 for contingency seems like a pretty good idea to me.

The money for affordable housing does not, but again probably not for the reasons that the FC views it. Rather, Wyoming has long catered to a weird concept that we can boost industry, bring in people, while keeping everything, including the population size, the same.  That's obviously impossible.

Housing follows demand, and this is a byproduct of what we asked for.  If we don't like getting what we asked for, we ought to modify that.  Government funded housing probably isn't the answer to that.

$7,500,000 is to update the helibase for fighting wildland fires, of which we've been getting a lot. 

I'm for that.

Something final to note.

The budget is bigger because of inflation.

Inflation was caused by a global pandemic followed by Donald Trump's political paramour Vlad Putin invading Ukraine.

Things cost more than they used to.  A budget needs to reflect that.

Regarding a bill to defund UW's Gender Studies and Diversity Office, Sen. Charles Scott stated:
This kind of program was the principal agent of introducing that rot, introducing a faculty that is without diversity of opinion, that is a monolith of wokeness. We’re seeing this rot affect the University of Wyoming.
He also stated that he's discouraging people from attending UW.

February 23, 2024

Chloe's Bill, which was one of two bills seeking to prohibit underage gender mutilation last general session, has cleared committee in this session.  It provides:
SENATE FILE NO. SF0099

Chloe's law-children gender change prohibition.

Sponsored by: Senator(s) Bouchard, Biteman, Boner, Brennan, Dockstader, French, Hicks, Hutchings, Ide, Kinskey, Kolb, Laursen, D, McKeown, Salazar and Steinmetz and Representative(s) Andrew, Davis, Heiner, Hornok, Jennings, Knapp, Locke, Neiman, Niemiec, Ottman, Pendergraft, Penn, Rodriguez-Williams, Slagle, Strock, Styvar, Trujillo and Winter

A BILL

for

AN ACT relating to public health and safety; prohibiting physicians from performing procedures for children related to gender transitioning and gender reassignment; providing an exception; providing that gender transitioning and reassignment procedures are grounds for suspension or revocation of a physician's or health care provider's license; providing definitions; specifying applicability; requiring rulemaking; and providing for effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 35‑4‑1001 is created to read:


ARTICLE 10

GENDER‑RELATED PROCEDURES

35‑4‑1001.  Gender transitioning and reassignment procedures for children prohibited.

(a)  As used in this section:

(i)  "Child" means a person who is younger than eighteen (18) years of age;

(ii)  "Health care provider" means a person other than a physician who is licensed, certified or otherwise authorized by Wyoming law to provide or render health care or to dispense or prescribe a prescription drug in the ordinary course of business or practice of a profession;

(iii)  "Physician" means any person licensed to practice medicine in this state by the state board of medicine under the Medical Practice Act.

(b)  Except as provided in subsection (c) of this section and for purposes of transitioning a child's biological sex as determined by the sex organs, chromosomes and endogenous profiles of the child or affirming the child's perception of the child's sex if that perception is inconsistent with the child's biological sex, no physician or health care provider shall:

(i)  Perform a surgery that sterilizes the child, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty and vaginoplasty;

(ii)  Perform a mastectomy;

(iii)  Provide, administer, prescribe or dispense any of the following prescription drugs that induce transient or permanent infertility:

(A)  Puberty suppression or blocking prescription drugs to stop or delay normal puberty;

(B)  Supraphysiologic doses of testosterone to females;

(C)  Supraphysiologic doses of estrogen to males.

(iv)  Remove any otherwise healthy or nondiseased body part or tissue.

(c)  This section shall not apply to:

(i)  Procedures or treatments that are performed with the consent of the child's parent or guardian and are for a child who is born with a medically verifiable genetic disorder of sex development, including 46, XX chromosomes with virilization, 46, XY with undervirilization or both ovarian and testicular tissue;

(ii)  Any procedure or treatment that is performed with the consent of the child's parent or guardian and is for a child with medically verifiable central precocious puberty.

Section 2.  W.S. 33‑21‑146(a)(xi), (xii) and by creating a new paragraph (xiii), 33‑24‑122(a)(intro), (ix) and by creating a new paragraph (xi) and 33‑26‑402(a) by creating a new paragraph (xxxvi) are amended to read:

33‑21‑146.  Disciplining licensees and certificate holders; grounds.

(a)  The board of nursing may refuse to issue or renew, or may suspend or revoke the license, certificate or temporary permit of any person, or to otherwise discipline a licensee or certificate holder, upon proof that the person:

(xi)  Has failed to submit to a mental, physical or medical competency examination following a proper request by the board made pursuant to board rules and regulations and the Wyoming Administrative Procedure Act; or

(xii)  Has violated a previously entered board order;. or

(xiii)  Has violated W.S. 35‑4‑1001.

33‑24‑122.  Revocation or suspension of license and registration; letter of admonition; summary suspension; administrative penalties; probation; grounds.

(a)  The license and registration of any pharmacist may be revoked or suspended by the board of pharmacy or the board may issue a letter of admonition, refuse to issue or renew any license or require successful completion of a rehabilitation program or issue a summary suspension for any one (1) or more of the following causes:

(ix)  For senility or mental impairment which impedes the pharmacist's professional abilities or for habitual personal use of morphine, cocaine or other habit forming drugs or alcohol; or

(xi)  For violating W.S. 35‑4‑1001.

33‑26‑402.  Grounds for suspension; revocation; restriction; imposition of conditions; refusal to renew or other disciplinary action.

(a)  The board may refuse to renew, and may revoke, suspend or restrict a license or take other disciplinary action, including the imposition of conditions or restrictions upon a license on one (1) or more of the following grounds:

(xxxvi)  Violating W.S. 35‑4‑1001.

Section 3.  W.S. 35‑4‑1001, as created by section 1 of this act, shall apply only to conduct or procedures occurring on and after the effective date of this act.

Section 4.  The department of health, state board of medicine and state board of pharmacy shall promulgate all rules necessary to implement this act.

Section 5.  

(a)  Except as provided in subsection (b) of this section, this act is effective July 1, 2024.

(b)  Sections 4 and 5 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
Chloe Cole, whom the bill is named after and who was a victim of the barbarity of gender mutilation in the name of "transgenderism" spoke in favor of the bill.

February 24, 2024

So, week two is over.  The results so far:


The Senate and the House are $900,000,000 apart in their respective budget bills, which is not a good sign at all,  Part of that is due to the rise of the populist right in the House, which is hostile to government.  An op ed earlier this week by Freedom Caucus members complained about the budget.

The higher number frankly seems reasonable to me.  Raises of state employee salaries are certainly merited. Some government infrastructure, such as a heliport for fire fighting, fits into the category of things we'll regret later if not funded, probably after this episode in populism is over, which there are early signs may be coming.

Most but not all of the really populist bills have bitten the dust, showing that in spite of big predictions going into this session, the populist don't have enough pull to really get their agenda considered. There are some exceptions, but those exceptions pretty much uniformly feature broad support and can't, therefore, be considered solely populist.

An example of that is Chloe's Law, which was introduced last session and is back.  Of interest there, its being advanced by Anthony Bouchard, who was an extremely controversial member of the legislature at one time but no longer seem to be.  Moreover, he doesn't seem to be a member of the populist far right group in the legislature.  Interesting, he was one of the very first ones, but during his race for the House he seems to have cut loose from them.  

The bill to go from property taxes for local funds to a sales tax advanced, but barely.  In its first reading, it passed by a mere two votes.

Given that, my prediction is that it'll go down in defeat.

Politic were being played with the pristine Kelly Parcel in Teton County, with a bill being introduced to hold it hostage if the BLM doesn't bend its knee on the Resource Management Plan for the Rock Springs area, which is flatly just sad.   There were amendments at the same time to require that it continue to be used for grazing and hunting, which do seem like good ideas to me.

And so we're on to week three, which a massive gap in the budget to work out.

Appendix:


Last Prior Edition.

Tuesday, February 20, 2024

Today In Wyoming's History: Major Gale "Buck" Cleven

Today In Wyoming's History: Major Gale "Buck" Cleven:  

Major Gale "Buck" Cleven

 


In the Apple TV series Masters of the Air, one of the characters is Maj. Gale "Buck" Cleven, who reports himself as being from Casper twice in the first episode.

Who was he, and was he really from Casper?

Clevens was born in Lemmon, South Dakota, on December 27, 1918, just after the end of World War One.  His family moved to Casper when he was still a child, although I'm not certain when, as they moved first to Lusk, in 1920.  He likely was a 1937 graduate from Natrona County High School, the only high school in Casper at the time (Natrona County had a second one in Midwest).  Following graduating from high school, he attended the University of Wyoming while also working on drilling crews as a roughneck.

He did, in fact, move at some point to Casper, where he was employed as a roughneck on drilling crews.  He used the money he earned to attend the University of Wyoming and was enrolled by the fall of 1937, presumably right after high school.  His name appears in the social pages of The Branding Iron as having had a date attend the men's residence hall October dance.  He was a guest of a different young lady at the 1939 Tri Delts Halloween sorority dance.  The same year he was apparently in a fraternity, as he's noted as having attended the Phi Delta Theta dance with, yes, another young lady.  In February 1939 he went to a fraternity dance with Nova Carter, whom I believe I'm related to by marriage.  A year later, February 1940, he took a different gal to the same dance.

He left UW in 1941 to join the Army, intent on being a pilot.  The October 21, 1943, edition of the UW Student Newspaper, The Branding Iron, notes him (inaccurately) as being stationed in North Africa and having received the Distinguished Service Cross, which he in fact did receive for piloting his badly stricken plane from Schweinfurt to North Africa, the flight path taken on that raid. This even is depicted in Masters of the Air.  The Branding Iron noted that he had attended UW for three years.  In June, 1944, the student newspaper reported him a POW.  He's noted again for a second decoration in the March 2, 1944, edition, which also notes that he was a Prisoner of War.

As depicted in Masters of the Air, his B-17 was in fact shot down over Germany.  He ended up becoming a POW, as reported in the UW paper, at Stalag Luft III for 18 months, after which he escaped and made it to Allied lines.  He was put back in the cockpit after the war flying troops back to the United States.

Following the war, he was back at the University of Wyoming.  He graduated from UW with a bachelor's in 1946.  He apparently reentered the Air Force after that, or was recalled into service, and served in the Korean War, leaving the Air Force around that time.

He was on the Winter Quarter 1954 UW Honor Roll and obtained a Masters Degree, probably in geology, from UW in 1956.  Somewhere in here, he obtained a MBA degree from Harvard and an interplanetary physics doctorate from George Washington University.  

He married immediately after the war in 1945 to Marjorie Ruth Spencer, who was originally from Lander Wyoming.  They had known each other since childhood.  She tragically passed away in 1953 while visiting her parents, while due to join Gale at Morton Air Force Base in California.  Polio was the cause of her death, and unusually her headstone, in Texas, bears her maiden name.  Reportedly, her death threw Cleven into a deep depression.  He married again in 1955, to Esther Lee Athey.

His post-war career is hard to follow.  He flew again during the Korean War, as noted, which would explain the gap between his bachelors and master’s degrees, and probably his doctorate.  He's noted as having served again during the Vietnam War, and also has having held a post at the Pentagon.  He was in charge of EDP information at Hughes Aircraft.  Given all of that, it's hard to know if an intended career in geology ever materialized, or if his World War Two service ended up essentially dominating the remainder of his career in the form of military service.  The interplanetary physics degree would and employment by Hughes would suggest the latter.  His highest held rank in the Air Force was Colonel.

Following retirement, he lived in Dickenson, North Dakota, and then later at the Sugarland Retirement Center in Sheridan.  He died at age 86 in 2006, and is buried at the Santa Fe National Cemetery in Santa Fe, New Mexico, his marker noting service in three wars.

Wednesday, November 15, 2023

Monday, November 15, 1943. The Combat Infantry Badge.


One of the awards most respected by soldiers to be issued by the U.S. Army, the Combat Infantry Badge, was authorized.

Limited to infantrymen alone who have seen actual ground combat, the creation of the award acknowledged the particular horrors experienced by infantrymen in combat.  The World War Two awards were upgraded, which they likely should not have been as it cheapened the original awards, to Bronze Stars in the 1980s, reflecting the particular horrors of World War Two in which soldiers were not rotated home but served until severely injured, killed, or the end of the war.

It followed the authorization of the Expert Infantry Badge, which had been authorized on November 11, 1943.


Both awards remain enormously respected in the U.S. Army.

"Nomadic" Gypsies in the Soviet Union were reclassified by Germany to be in the same racial category as Jews and therefore subject to the death camps, whereas "sedentary" Romani were classified as citizens of the country they were in.

The order would ultimately extend beyond the occupied regions of the USSR and was another example of how, as Nazi Germany's fate became sealed, it became more homicidal.

Offensive actions by the U.S. Fifth Army were halted by Gen. Alexander.

Today In Wyoming's History: November 15: 1943 1943  Harmonica player Larry Adler played at the University of Wyoming.  Adler was a well known harmonica player.

Manuel L. Quezon was inaugurated as President of the Philippines, in exile. It was his third term.  In the Philippines a collaborationist government, not as disdained by the post-war Philippines as might be supposed, was in control, with the sanction of the Japanese.

The Cross Mountain, Colorado post office was closed, putting an end to the Moffat County town.

Wednesday, August 30, 2023

UW Class Law School Class of 2026 . . . dressed up.

 Incoming University of Wyoming College of Law class (Class of 2026).


Wow, look at all those suits and ties.

These students are a nice looking bunch.  A colleague of mine, who works in another firm, has a kid in it.  

I didn't meet my law school classmates until the first day of law school.  This group was apparently brought in early, and told to dress up.  The first time I wore a tie in law school was actually after it, at my bar exam interview, back when Wyoming had a real bar exam rather than the Universal Locally Un-iformed Bar Exam.

I'm impressed. This is what a law school entering class should look like, and I hope it bodes well for the future.

Monday, August 28, 2023

The UW Sorority Suit.

The not very attractive Joseph C. O'Mahoney Federal Courthouse in Cheyenne.

This suit's result has hit the news, and because it involves an evolving societal topic regarding fiction and how far we're willing to entertain it in the name of individualism, we're going to make a couple of comments.

Page 1 of the 41 page decision:

1.  As soon as this came out, some commentator on Twitter immediately suggested it must have been decided by a "Casper judge".  

Eh? 

It's not as if Casper is stocked with liberal judges or something.  This is a Federal Court case, moreover, and we only have three Federal judges, two in Cheyenne and one in Casper. This was decided by Judge Johnson in Cheyenne.  He's been on the bench since 1985 and was appointed by that flaming liberal, Ronald Reagan.

Having said that, not all of Regan's "conservative" appointments were impressively conservative.  Take Anthony Kennedy, for example.

Be that as it may, Judge Johnson is universally recognized as a solid judge.  The weird suggestion that it must have been some flaming liberal, and that the flaming liberal must be in Casper, as where else would they be, is weird.

2.  This was decided "without prejudice", which means on technical and procedural grounds. The suit hasn't decided the issues.  It can be brought again.

Whether it will be or not, nobody knows. But this doesn't decide any legal issues.  

Often lawyers don't regard dismissals with prejudice as that big of deal, quite frankly, as it gives them the chance to go back and refine their suit.

This gets at one of the big problems in perception of courts today, however.  A large number of people believe that judges are supposed to rule on existential issues. They are not. This perception, moreover, is made worse by pundits like Robert Reich who continually suggest that activists' courts are deciding these issues on a left/right basis, something made worse by decades of prior conservative yapping that "activist judges" were deciding things for the left, the latter of which was somewhat true.  Most of the time judges are just deciding things on the law, or even procedure, that have nothing to do with the existential issues.  The continual "America is losing faith with its justice system" mantra that the press is chanting right now is because large elements of the press don't grasp that deciding social issues isn't what courts are supposed to do.

3.  I learned in the opinion that the sorority calls itself a fraternity.

How odd. Deficit of understanding of Latin root words?

4.  Judge Johnson did condescend to call Mr. Langford a "sorority sister".  The guy has male DNA and, well, you know.  He's not a girl, and this ongoing societal delusion is really absurd. 

That's what really gets to people.  It's a contest between individualist fantasy, and the degree to which everyone else must tolerate the fantasy, and reality.  We're in an age when dangerous self-delusion must be accepted, a certain segment of society maintains.

This probably isn't over.  So stay tuned.


Monday, May 29, 2023

Cliffnotes of the Zeitgeist. XLVIII. Put your nastiness away and have a beer, Steamboat and Red Wing, Repeating history, Dog whistles.

I went to the Black Tooth Brewery in Casper's beer reveal, for their new UW themed beer.  I wasn't really interested in going but my wife was, so my wife, daughter and her boyfriend all went.


Secretary of State Chuck Gray was there.

The can has an old style state license plate theme, and therefore it would need cooperation from UW anyway, which owns the trademark for the symbol and jealously guards it.  That requires the cooperation of the Secretary of State's office.  This is being done as a "partnership" with UW, so there's no doubt that it would have come.  One of the employees of the SoS's office was thanked by UW, and to his credit, Secretary Gray thanked the woman as well.

But Gray, who has spent a lot of time touring the state and showing up at political events, just couldn't help but go negative and throw in some nasty line about how we aren't "woke" in Wyoming and referencing Budweiser.

The reaction of the crowd was muted at best. This was a Wyoming beer crowd, not a populist far right gathering, and chances are a lot of the people in the audience were either apolitical or old style Wyoming conservatives.  Gray seemed to get the message right away and finished his talk, or whatever it was.

I'm really sick of this behavior.  Gray boosted lies as a candidate, and now he runs around trying to pour gasoline on politics and ignite fires when he doesn't need to. Wyoming's politicians never used to do this, and they certainly didn't do it while in office.

What must it be like to have to be angry all the time?

For that matter, what must it be like to wear brand-new Wranglers, a style of jeans designed for people with cowboy bodies, and brand-new thick soled cowboy boots, the type that cowboys don't wear.

Why did people vote for Gray?  It's really a mystery.  That he's campaigning for the Governor's office right now should be evident to everyone.  Wyomingites would really have to be suckers to vote for Gray for that office, but then, they were suckers when they put him in his current office.

But beyond that, what kind of personality do you have to have in order to show up at everything with some right wing screed?  Can't anyone just enjoy their day without having to be fed a spoonful of BS?

And at what point does putting on a wrathful show convert your personality to fully wrathful?  I know one lawyer who puts on such an act all the time that I think he's truly lost his real personality.  At some point, that would occur.

Gray referred to the famous rodeo horse in his speech, Steamboat.  That's frustrating but inevitable, particularly as his speech, which short, was rambling, much like a speech by a high schooler whose concluded that he's too smart to prepare a speech.  Gray rambled on, something about Steamboat and World War One.

Steamboat was never used by the Wyoming Army National Guard in reality, or as a symbol. That's Red Wing.

That horse on the license plate, everyone knows its Steamboat. Right?

This is never going to get straightened out, but frankly I have a hard time imagining Gray caring, just like I don't think he's going to be flanking any calves while wearing those boots and jeans at branding.

On politics, here's an episode of Jimmy Akin's mysterious world really worth listening to.

The Knights of the Golden Circle (Secret Society, Civil War, John Wilkes Booth, Abraham Lincoln, Confederate Gold, Rebels, Slavery) – Jimmy Akin’s Mysterious World

It's fascinating history, but beyond that, if you can't see the parallels between today's far right populists and the Knights, you just aren't trying.

The only weekend show that's downloaded for me so far has been Meet The Press, and I didn't listen to it.  The theme was the Supreme Court.

"The Supreme Court is corrupt!" is to the American political left what "Trump won the election" is to the populist far right, and they're both based on the exact same thing, a contempt for democracy.  The far right wants the election to have been stolen, as that would mean it's not a permanent political minority, and we're never going back to wherever they think we were.  The left wants the Court to be corrupt as it might get to boot a couple members off and the country would return to the good old days when the Court decided things rather than state legislatures.

In the case of the Court, the entire claim is based on something that's true, but just is.  Positions of power and wealth attract each other.  You might not like it, but that's the way the world actually works.  That doesn't make it illegal, and it doesn't mean that terrible things are going on behind closed doors.

Last prior edition

Monday, April 3, 2023

The New Academic Disciplines (of a century+ ago).


I was listening to an excellent episode of Catholic Stuff You Should Know (I'm a bit behind).  Well, it's this episode here:

THE LITURGICAL IDEAL OF THE CHURCH

The guest, early on, makes a comment about the beginning of the 20th Century, end of the 19th, and mentions "archeology was new".  I thought I'd misheard that, but he mentioned it again, and added sociology.

He explained it, but it really hit me.

Archeology, and sociology, in fact, were new.  Many academic disciplines were.

Indeed, that's something we haven't looked at here before.  People talk all the time about the decline of the classic liberal education (at a time that very few people attended university), but when did modern disciplines really appear?

Indeed, that's part of what make a century ago, +, more like now, than prior to now.  Educational disciplines, based on the scientific method in part, really began to expand.

So, we can take, for example, and find the University of Wyoming recognizable at the time of its founding in 1886.

But would Princeton, as it is now, be recognizable in 1786?

And interesting also how this effected everything, in this case, the Church's look at its liturgy.

But also, everything, really, about everything, for good and ill.

Friday, March 31, 2023

Lex Anteinternet: Down the rabbit hole.

Lex Anteinternet: Down the rabbit hole.: Down the Rabbit Hole And so, we find, a contemporary warped Zeitgeist, virtue signaling, cowardice, and bad reporting, have taken the state ...

Well, nothing here is a surprise, we must say.   And therefore, we should not be surprised that the Saga is headed, as it seems it needs to, to Court, while the sorority members themselves, head out the door.

On the latter, only ten of the fifty actual you women who are members are reupping.  The alleged details, and of course they are merely alleged, explain why.

Complaints, we should note, initiate lawsuits, and they are allegations, not proofs. That's important to keep in mind.

Be that as it may, the complaint is illuminating.  Among other things, it described the "transgendered" wanna be woman pestering the real women about sexual topics of a person nature, watching them, and getting an erection while doing so.  He hasn't left on "pajama" night on a timely basis.

Next year, he's moving in.

In short, he's, and he is a he, is sitting around on occasion in the sorority house getting a hard on watching the girls his own age.

The latter is a natural reaction.  What isn't natural is the situation itself.

And what isn't sane is a society that allows a young man to claim he's a girl so that can place him in a girls residence in a manner which sexually excites him, and threatens them.

Which brings me back to this point which was made in our last entry on this story:

Assuming he is intact, and to put it honestly which therefore will come across as indelicate and crass, he's got a dick and balls and male DNA, and he's with a group of young women.  His currently claimed psychological situation may be telling him he's a woman, but his testosterone and biology tells him he's a man, which he is.   And if we know anything about the biology of our species, the mammal with the highest sexual dimorphism and sex drive of any mammal that ever lived, it can override a lot.  Indeed, claimed homosexual men fathering children is not exactly unusual.

So, there's a man, perhaps intact, living in a sorority, simply because he claims to be a woman and has been dressing as one.

I'm not saying that he's going to do something improper.  Chances are he won't.  But I'm saying that, at a bare minimum, it's a bad precedent, as at some point, somebody will.

Let's be blunt.  It very well might not be this guy, and it might very well not be in Laramie, but some young woman is going to get raped in a situation such as this.  I'm not saying might, I'm saying she will.

We already know, of course, that putting young men and young women in close proximity in barracks like situations, or actually in barracks, leads to rape.  The U.S. Army has being dealing with this ever since it started off on its attempt to insert women in what is a traditional male role of combat soldier.  It's been working on it since day one, and it continues to, as the situation carriers on, as it does in the Navy, Air Force and Marines.  

And everywhere it's tried.  Just this past week, the Irish Defense Forces, existing in a land with a nearly homogenous culture with a much stronger religious nature in all levels of society, reported that over 80% of its female members have experienced some sort of sexual harassment, up to and including rape.

We also know, no matter how much some may wish to pretend, that men wishing to be women, and vice versa, is not psychologically normal.  It's also, it should be noted, not really the same thing as homosexuality.  Indeed, homosexuals by and large function in all other aspects of their life according to the mean.  Transgenderism is such a radical departure from reality, however, that it does not.  Something is deeply amiss in a person exhibiting it.

Chances are high that, at a high altitude level, men and women exhibiting are not really exhibiting the same thing.  One thing they are exhibiting, however, is a deep cry for help.  

They aren't getting it, in no small part as liberal sociology is sabotaging it.  Instead, what they are getting if "affirmation". That's not what they're seeking.

I've known, as has everyone, people who are exhibiting really destructive traits.  We've all known drug addicts, alcoholics, and massive over eaters.  All of those things are external traits exhibiting something amiss internally.  The answer to their problems isn't another joint, another drink, and a third serving of short ribs, along with affirmation that it's okay to be a doper, an alcoholic, or massively overweight.  That's going to kill them, and they probably know that.  The kind thing to do is to try to help.

People are going down the transgendered path are asking for help.  They're fleeing from something.  

With women, probably what they think it means to be a woman, which probably isn't what it actually means.

For men, in some cases, they're fleeing from what it means to be a man, or perhaps screaming for attention which they feel they've been denied.

Indeed, no sane many would want to be a woman simply due to the hormonal nightmare and cyclical exsanguination they endure, let alone the second class status they put up with and will continue to for the foreseeable future, not the least of which is that women, far more than men, are judged by their appearance and those crossing over rarely make a good one.

All things insane make it to our courts, at which point the insanity is expelled or ratified.  We may be at the start of a return to reality, or about to abandon it full scale.

Abandoned with it will be the sorority system, we might note, which may have already received a fatal blow.  Be that as it may, those who were too cowardly to arrest this trip before it started ought to pay, at least with shame, for having allowed this to occur.