Newspaper column: Nevada should challenge constitutionality of federal pot law

A week ago the Trump administration rescinded a series of Obama administration memos instructing federal prosecutors to back off enforcing federal marijuana laws in states that have legalized it, sending legal pot businesses into a dither, including those in Nevada.

Attorney General Jeff Sessions said he would leave it up to federal prosecutors to decide what to do when state law clashes with federal drug law. Justice Department officials said the previous administration’s stance allowed states to flout federal law.

Nevada Attorney General Adam Laxalt sent out an email saying his office is reviewing the change in the Justice Department’s stance on federal pot law enforcement and evaluating the ramifications for the state

“Although I opposed the Question 2 ballot initiative proposing the legalization of recreational marijuana in Nevada, I also pledged to defend the measure were it approved by the voters,” Laxalt stated. “Since Questions 2’s enactment, my office has vigorously defended it against two related lawsuits that threatened to slow or even halt the implementation of the law, and has further assisted with the formulation and adoption of regulations to allow dispensaries to commence sales of recreational marijuana within just six months of the law’s enactment. My office has expeditiously facilitated the implementation of the law in the face of considerable uncertainty about the status of federal enforcement activity.”

We suggest that the state’s attorney do what attorneys do: Sue.

The states aren’t flouting federal law, Congress is flouting the Constitution. If it took a constitutional amendment to allow Congress to make alcohol illegal during Prohibition, the same should be true for marijuana.

The 10th Amendment clearly states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Nowhere does the Constitution grant that power to Congress.

In fact, the divided Supreme Court decision upholding Congress’ power to ban marijuana is an absurdity constructed from a fatuity and makes a mockery of the principles of federalism.

In the case of Gonzales v. Raich, the high court found that Congress had the power under the Commerce Clause to prohibit a person from growing marijuana for her own consumption because it could affect interstate commerce. The court cited as precedent the New Deal-era case of Wickard v. Filburn, which said a farmer who grew wheat for his own consumption affected interstate commerce because, if he had not done so, he would’ve had to purchase wheat, thus affecting the market and price for wheat.

Thus the court essentially erased any distinction between interstate and intrastate commerce or even no commerce at all. Whatever the imagination can conjure.

 In his dissent in the pot case, Justice Clarence Thomas fumed, “Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything — and the Federal Government is no longer one of limited and enumerated powers.”

Thomas added, “This makes a mockery of (James) Madison’s assurance (in Federalist Paper No. 45) to the people of New York that the ‘powers delegated’ to the Federal Government are ‘few and defined,’ while those of the States are ‘numerous and indefinite.’”

Justice Sandra Day O’Connor also raised the issue of federalism, writing in dissent in Raich, “Relying on Congress’ abstract assertions, the Court has endorsed making it a federal crime to grow small amounts of marijuana in one’s own home for one’s own medicinal use. This overreaching stifles an express choice by some States, concerned for the lives and liberties of their people, to regulate medical marijuana differently. If I were a California citizen, I would not have voted for the medical marijuana ballot initiative; if I were a California legislator I would not have supported the Compassionate Use Act. But whatever the wisdom of California’s experiment with medical marijuana, the federalism principles that have driven our Commerce Clause cases require that room for experiment be protected in this case.”

With the court now more originalist in its composition, the arguments of Thomas and O’Connor might hold sway in a constitutional challenge of the federal marijuana law, should Laxalt and the attorneys general of the states that have legalized pot press the matter.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

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Newspaper column: Why Nevada must hit the brakes on taxes

WSJ illustration

It’s called voting with your feet.

A remarkable number of well-heeled Americans are doing just that, and it should serve as a warning to Nevada voters and candidates as we enter an election year. Though Republican governors in recent years have shepherded through the Legislature record-high tax increases, Nevada still fares fairly well in comparison to other states when it comes to the tax burden borne by citizens of the Silver State.

According to the Tax Foundation’s analysis of state and local tax burdens per capita for fiscal year 2012 — which is after Gov. Kenny Guinn’s billion-dollar tax hike but before the $1.5 billion tax hike pushed by Gov. Brian Sandoval — Nevada ranked 43rd lowest in the nation, while neighboring Taxafornia ranked sixth highest.

Nevada tax collectors grabbed 8.1 percent of the state income through state and local taxes or $3,349 per capita. Meanwhile, California snatched 11 percent of state income or $5,237 per capita.

Perhaps that explains why, according to Internal Revenue Service data on taxpayer migration, from 2014 to 2015 about 10,500 Nevada taxpayers moved to California, while 17,700 California taxpayers moved to Nevada. Even more telling is the fact that the Californians fleeing to lower-taxed Nevada averaged $91,000 in gross adjusted income, while the Nevadans heading to California averaged only $47,400 in adjusted gross income.

It seems people with higher income have a tendency to find ways to keep more of it for themselves.

From 2014 to 2015 Nevada netted an increase in total adjusted gross income reported to the IRS of $1.43 billion. Of that, $1.1 billion came due to the influx of Californians changing residencies.

An analysis of a sampling of that IRS data shows the California-Nevada migration pattern is no anomaly.

In that one year, the state of New York, which has the highest state and local tax burden of any state at 12.7 percent of income and $6,993 per capita, lost $4.4 billion in income.

No. 2 highest Connecticut lost $1.3 billion in income. No. 3 highest New Jersey lost $2.46 billion. No. 5 Illinois lost $3.47 billion. No. 6 California lost $2.09 billion.

Meanwhile, state income tax-free Texas, ranked 46th lowest, added $3.61 billion, and state income tax-free Florida, though only 34th lowest, added $11.65 billion. The latter might have something to do with weather as well, since $2.62 billion of that came in from former New Yorkers, $1.49 billion from former New Jersey residents and $1.47 billion from former Illinoisans.

The New Jersey residents who moved to Florida had an average income of $121,000, while Floridians moving to New Jersey averaged $72,500.

This is hardly surprising nor a new phenomenon. In an article in The Wall Street Journal in 2009 under the headline, “Soak the Rich, Lose the Rich,” economist Arthur Laffer and WSJ economics writer Stephen Moore updated previous studies and found that from 1998 to 2007, more than 1,100 people every day of the year relocated from the nine highest income-tax states — such as California, New Jersey, New York and Ohio — mostly to the nine tax-haven states with no income tax — including Florida, Nevada, New Hampshire and Texas.

Laffer and Moore determined that over that period of time the no-income tax states created 89 percent more jobs and had 32 percent faster personal income growth than the high-tax states.

“Did the greater prosperity in low-tax states happen by chance? Is it coincidence that the two highest tax-rate states in the nation, California and New York, have the biggest fiscal holes to repair?” they asked. “No. Dozens of academic studies — old and new — have found clear and irrefutable statistical evidence that high state and local taxes repel jobs and businesses.”

A recent WSJ editorial noted that billions in income are still flowing out of New York, New Jersey and Connecticut and into Florida.

“As these state laboratories of Democratic governance show, dunning the rich ultimately hurts people of all incomes by repressing the growth needed to create jobs, boost wages and raise government revenues that fund public services,” the editorial concluded.

Voting with the feet is sure to increase since the recent tax reform limits federal income tax deductions for state and local taxes.

Let this be a lesson for Nevada. Chase the rich, they’ll run away.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Newspaper column: What evidence is pertinent in Bundy trials?

Pardon us plebs, but we are a tad bit confused about just what is admissible evidence in the Bunkerville standoff trials.

This past week, about a month into the second of three scheduled trials, the judge declared a mistrial because the prosecution had failed to timely turn over potentially exculpatory evidence to the defense.

Federal Judge Gloria Navarro listed six instances in which prosecutors willfully withheld evidence — including information about an FBI surveillance camera, documents citing the presence of snipers, certain maps, FBI logs, threat assessments that showed the Bundys weren’t violent and internal affairs documents detailing possible misdeeds by the Bureau of Land Management agent in charge, who was later fired.

The judge ruled the material might have been useful in shaping a defense for the protesters who showed up at Cliven Bundy’s ranch in April 2014 when BLM agents attempted to impound 500 head of his cattle for failing to pay $1 million in grazing fees and fines for two decades.

Cliven Bundy (Getty pix)

According to press accounts, Judge Navarro noted FBI log entries said “snipers were inserted” outside the Bundy home, though prosecutors previously denied any snipers were posted and now say they were unaware of the FBI log showing otherwise. Ignorance is no accuse, the judge chided.

Curious. In an earlier trial, Judge Navarro kicked defendant Erik Parker off the witness stand for trying to mention where a BLM sniper was positioned. He was not allowed to continue his defense.

During that trial the judge had granted a sweeping prosecution motion to bar arguments about the defendants’ “state of mind,” such as whether they were provoked by the government’s massive show of force.

She ruled that defense could not mention nor show video or audio depicting the arrest of Cliven’s son Dave Bundy in which he was wrestled to the ground; nor any recordings showing the tasering of son Ammon Bundy or a BLM agent grabbing Cliven’s sister Margaret Houston from behind and throwing her to the ground; nor any testimony or opinion about the level of force displayed by law enforcement; nor references to Bundy’s grazing, water, or legacy rights on the public lands; no references to infringements on First and Second Amendment rights; and no mention of the punishment the defendants faced if convicted.

It appears some of the very things not allowed in evidence at an earlier trial are now grounds for a mistrial because the defense was not provided documentation.

To add further to the contortions and machinations of this case, just days before the judge declared a mistrial the prosecution filed a motion similar to the one granted in the prior trial. It asked the judge to not allow the introduction of “evidence or argument at trial that relate to instigation/provocation, self-defense/defense of others, entrapment, justification for violent self-help, impermissible state of mind justification, and collateral attacks on the court orders.” The motion said presenting any of this to the jury would amount to jury nullification. (Bundy motion on jury nullification)

In this trial Cliven Bundy and sons Ryan and Ammon, as well as self-styled militia member Ryan Payne, face charges that include obstruction of justice, conspiracy, extortion, assault and impeding federal officers.

Faced with armed protesters during the cattle impoundment, agents released the cattle rather than risk a shootout.

“The law does not permit the defendants to expand the legally cognizable defense of self-defense against a law enforcement officer by incorporating instigation and provocation,” the latest motion states. “To do so would eviscerate the well-recognized elements of self-defense. Defendants, rather, seek to introduce evidence of instigation and provocation to obtain jury nullification. Jury nullification is illegal.”

Rather than slap a lien on the Bundy ranch and cattle or freeze the ranch’s bank accounts, the BLM instead chose to send in an armed force to oversee the rounding up of Bundy’s cattle by contracted cowboys. The operation has been estimated to have cost $3 million. Once the cattle were corralled and off the grazing range, there was no hay to feed them and reportedly no one willing to take the cattle.

Additionally, withheld documents reportedly included statements that no threatened desert tortoises were ever found to be harmed by Bundy’s cattle, the reason the BLM tried to limit his grazing in the first place.

A hearing in the case is set for January. Unless the judge decides to dismiss the charges, a retrial is slated for late February. What evidence would be allowed?

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Update: Motions seek to have charges thrown out.

Newspaper column: Give the gift of knowledge about Nevada and the West

Christmas is coming and you’re still scratching your head over just what to get for that special Nevada friend or family member. How about a gift that will keep giving for years to come — a book, specifically a book about Nevada and/or the West?

A couple of the newest additions to this narrow genre are David Philipps’ “Wild Horse Country” and Range magazine’s “The Good, the Bad and the Bovine.”

Philipps explores the history of the wild horse in the West with a number of stops along the way in Nevada. He also addresses the issue of feral horse overpopulation and delves into the various options for solving the problem. It is thought provoking and informative.

In November, Range published a collection of articles and photos from its archive of thorough coverage of the people, places and issues touching on ranching and farming on the rangeland of the West. Titles include: “Don’t Fence ’Em In,” “The Ultimate Recycler,” “It’s in the Breeding,” “Cow Pie” and “A Ranger’s Reflection” — dispatches from the empty quarter.

Range boasts of the book, “The hardcover coffee-table edition is a not only a photographic tribute featuring works by some of the best ranch and wildlife photographers in the country, but there are some meaty stories penned by prize-winning writers.”

The magazine also has available on its website other books from recent years. Two of my favorites are “Brushstrokes & Balladeers” and “Reflections of the West.” Both are coffee-table quality books packed with insightful poetry about life on the range and eye-popping paintings that stand up to favorable comparison to Remington and Russell. The wink-and-a-smirk doggerel of Elko’s Waddie Mitchell is worth the cover price alone.

Then there are the books from the dawn of the state’s history that should be on every Nevadan’s bookshelf. These include’s Mark Twain’s “Roughing It,” of course, about his sojourn in Nevada during the Civil War and his misadventures in newspapering as a reporter and briefly as an editor. He claimed his editorials prompted no less than six invitations to duel.

From the same era comes Twain’s editor’s reminiscences about “The Big Bonanza” — Dan de Quille’s foray into the goings-on during the days of the Comstock Lode.

To learn more about the truth stretching Twain, one could pick up a copy of Andrew Hoffman’s biography, “Inventing Mark Twain.” My personal favorite insight is Hoffman’s busting the myth that Sam Clemens took his pseudonym from his steamboat days.

“People who knew Sam in Nevada said that he arrived at the pseudonym by entering a saloon and calling out in the leadsman’s singsong intonation ‘Mark twain!’ — meaning the bartender should pour two drinks and mark them down on the debit ledger,” writes Hoffman.”

For insight into the people who invented modern day Nevada, there are books such as Dallas Morning News reporter Doug Swanson’s “Blood Aces: The Wild Ride of Benny Binion, the Texas Gangster Who Created Vegas Poker.” The book takes the reader from Benion’s humble beginnings in Pilot Grove, Texas, to dangerous Deep Ellum in Dallas, until he drifted and grifted — and reportedly killed — into downtown Las Vegas.

Former Las Vegas newspaper columnist John L. Smith writes about a number of Nevada notables in “Sharks in the Desert,” covers the rise of casino owner Steve Wynn in “Running Scared” and tells of the mob lawyer-turned-Las Vegas mayor Oscar Goodman in “Of Rats and Men.”

Sally Denton reveals the company and the men who built Hoover Dam in her thoroughly researched book “The Profiteers” about the Bechtel Corporation.

Denton and Roger Morris also penned a book titled “The Money and the Power” about the making of Las Vegas since World War II, offering insightful peeks into the likes of gangsters Meyer Lansky and Bugsy Siegel, politician Pat McCarran and newspaper publisher Hank Greenspun.

For those who would like to climb out of the armchair and go visit on foot some of the gorgeous landscapes in Nevada and neighboring states, there is travel writer Deborah Wall’s “Base Camp Las Vegas,” which details how to get to and how to explore 101 hiking trails — from Arches to Zion National Parks, from Death Valley to the Ruby Mountains.

Many of these are available in local bookstores. All can be found online with the aid of a search engine.

And finally a blatant plug. If you’d like to keep your Nevada friends and family informed in the future, you can always give a subscription to this newspaper.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Newspaper column: What to do about wild horses? Part 2

In his newly published book, “Wild Horse Country,” writer David Philipps offers his suggestion for what to do about the overpopulation of wild horses in the West, which are overgrazing the open range: “The solution is mountain lions.”

Realizing that this will leave horse-huggers aghast and cause cattle and sheep ranchers to gasp, Philipps forges ahead, “For decades, the BLM has said the wild horse has ‘no natural predators.’ … But the same people who have long dismissed using predators to control horses as impossible have never made an attempt to understand it. They have likely been too busy rounding up and storing horses. If they took the time to look into the idea of mountain lions, they would see that research on the ground contradicts the conventional wisdom.”

Philipps came upon this audacious “solution” after visiting Dr. John Turner at his summer digs in Montgomery Pass near Boundary Peak and the California border west of Tonopah, where the researcher observed wild horses and their environs. Turner spends his winter months working in a lab researching fertility drugs such as PZP, which is being used experimentally to dart mares in an effort to keep herds in check.

The book notes that Turner first came to Montgomery Pass in 1985 intending to do research on herd dynamics that might aid fertility drug studies. Then he learned about mountain lions.

“The BLM was saying there was overpopulation and there was actually underpopulation, because the mountain lions were just going crazy. This was something totally new,” the book quotes Turner as saying. “The old timers around here knew cats were hunting horses, but no one in the scientific community really realized it was happening, or that it could happen.”

Turner told Philipps that the highly adaptive lions, which weigh from 100 to 180 pounds, had learned to lie in wait near watering spots and would spring on the backs of foals, sinking their claws into the flesh and biting the neck, severing the spine in seconds.

The researcher learned this by attaching radio collars to some lions and tracking them for five years. His team discovered that mature horses were too big for the lions but they found foal carcasses near watering holes. In some years nearly two-thirds of the foals were eaten. “You would have some lions eating a foal every other week or so,” Turner told the author.

Philipps also related that in 2005 a University of Nevada, Reno a graduate student started tracking wild horses in the Virginia Mountains. She managed to attach a radio collar to one mountain lion and follow it for 10 months, finding that 77 percent of the lion’s diet was horse flesh. Despite this, according to Philipps, the BLM expressed no interest in the findings.

Meanwhile, the Nevada Division of Wildlife is spending $200,000 this year to kill lions.

“The economic tangle of killing predators while storing horses is mind-boggling. The Bureau of Land Management warehouses thousands of horses each year,” Philipps writes. “Each of those horses costs on average $50,000 to capture, house, and feed over its lifetime. At the same time, we are spending millions to kill mountain lions in the West. It is fairly safe to say that every dollar spent taking out mountain lions in Wild Horse Country drives up the cost of storing wild horses.”

While Philipps’ solution has a certain appeal for being a natural population control method, we suggest that in an earlier chapter he reported an even better and more economically viable solution offered by a Eureka rancher. Besides, foals, calves and lambs probably taste the same.

In 2010 George Parman posted a letter on the Internet, “No, what we need to do, is to let the ranchers and the mustangers take care of the problem, just as they did in the old days, back when, along in the Fall a handful of cowboys would take their saddle horses — throw a bunch of grub and their bedrolls in the back of a pickup — and off they’d go to do a little mustanging. … The horses were automatically kept at reasonable numbers. It cost the taxpayer nothing. The best of the horses were put on the market for people to use and enjoy. The remainder of the older and less desirable animals were euthanatized via a facility that made good use of the end product. … The cattle had plenty to eat. The horses had plenty to eat. Wildlife did well.”

Both solutions make too much commonsense to ever be tried.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Newspaper column: New book explores ‘Wild Horse Country’

What should be done about wild horses?

Colorado-based writer David Philipps attempts to answer that question in his 316-page book “Wild Horse Country,” published in October.

The book sweeps across a span of time and landscape as vast as the range of the wild horse, delving into views and suggestions from horse-huggers and horse-disparagers alike, turning more than a few colorful similes and metaphors along the journey.

Wild horses! Even if you have never seen one, chances are if you grew up in the United States you know what they mean,” Philipps enthuses. “They are freedom. They are independence.They are the ragtag misfits defying incredible odds. They are the lowborn outsiders whose nobility springs from the adversity of living a simple life. In short, they are American. Or least they are what we tell ourselves we are, and what we aspire to be.”

The writer crisscrosses Nevada in his trek toward understanding what should be done to and for the wild horses — discussing Nevadans from Reno secretary Velma Johnston who in 1950 cried after spotting a truck load of bleeding wild horses in Sparks being hauled to slaughter and went on to become nationally famous as “Wild Horse Annie” to interviewing Twin Springs Ranch owner Joe Fallini who has successfully sued the government nearly 30 times over its failure to rein in the wild horse population on his ranch and who curses “these goddamned horses.”

The problem is that the wild horse population on the open range has far exceeded what the land can sustain. The Bureau of Land Management’s answer — since Congress has prohibited using budget money to humanely dispose of excess animals — has been to roundup excess horses and warehouse them in corrals and private pastures where the stallions and mares are kept separate for all their natural lives. Such warehousing, Philipps notes, now eats up 66 percent of the BLM’s budget, leaving little to cover the expense of managing the horses still roaming wild and competing for forage with sheep and cattle and wildlife.

According to the latest BLM stats, there are nearly 60,000 free-roaming horses in the West, with nearly 35,000 of those in Nevada. But the BLM calculates the entire range can sustain only 27,000 wild horses without leading to degradation of the forage and the horses themselves. There are nearly 45,000 “wild” horses being held in storage at a cost of $50 million a year.

“Wild horses are the only species that the government captures in large numbers alive and then holds in storage,” Philipps observes. “This is a stark departure from how we treat other Old World domestic animals that have gotten loose in America. Take feral hogs. The United States kills tens of thousands a year. … Sure, feral hogs aren’t companion animals like horses. But consider our pets. We euthanize millions of dogs and cats each year.”

To set the stage for how this came to be the author, who won a Pulitzer Prize for the Colorado Springs newspaper in 2014 for a series on the mistreatment of wounded soldiers, delves both into the fossils of long-extinct horselike creatures that once browsed the Western plains and the “return” of horses with Spanish conquistadors.

Philipps’ research shows how the horse changed history. For instance, Francisco Pizarro defeated 80,000 Incas with 106 men on foot and 62 in the saddle.

Then, in the late 17th century the rise of wild horses on the range gave birth to Native American “Horse Nations” that thrived on horseback for two centuries — Apaches, Utes, Sioux, Comanches, Nez Perce, Shoshone, Blackfoot, Crow, Cree, Pueblos, Navajo, Pawnee, Arapaho, Kiowa, Cheyenne, Osage and many more.

“The Apache and Kiowa gave up lives of farming to hunt and raid on horseback. The Osage, Sioux, Cheyenne, and Arapaho, living in the forests on the eastern edge of the plains, were drawn westward with horses, leaving behind wood lodges in favor of new buffalo-skin tents called teepees,” the book recounts, also noting that horse-mounted Indians managed to slow the westward migration of American settlers.

Philipps recounts how the automobile devastated the market for horses as beasts of burden and how mechanized pet food canning factories consumed 2 million wild horses in the 1920s. Though the slaughters continued over the years, in 2007 Congress defunded health inspections for horse-meat slaughter houses, whether for human or pet consumption, driving all such operations into Mexico or overseas.

Next week: The solution(s)?

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Newspaper column: Tax reform debate falls down a rabbit hole

If you are trying to follow the debate in Washington about tax reform in its various and evolving iterations, you are likely to come away muttering: Figures don’t lie, but liars can figure.

This past week the House passed its version of tax reform by a vote of 227-205 with not a single Democrat voting aye. The 13 Republicans who voted nay on the Tax Cuts and Jobs Act are mostly from high tax states such as California, New York and New Jersey, where constituents would no longer be able to deduct high state and local income and sales taxes.

Also this past week and on a party line vote of 14-12, the Senate Finance Committee, where Nevada Republican Sen. Dean Heller is a member, passed a slightly different tax reform bill with the same name.

Nevada’s Democratic delegates to D.C. were all singing from the same hymnal.

Democrat Rep. Ruben Kihuen, who represents northern Clark County and the southern portion of rural Nevada, declared the House bill “nothing more than a handout to big corporations and the wealthiest Americans that unfairly sticks working and middle-class families with the bill.”

Kihuen said the bill also will increase taxes by an average of $680 for 113,000 middle- and low-income Nevada families.

This figure apparently comes from the left-leaning Institute on Taxation and Economic Policy (ITEP), which calculated that in 2027 about 11 percent of Nevadans in the lowest 60 percent of earners would see taxes increase by $680. Kihuen neglected to mention that in that year 89 percent of those Nevadans in that earning range would still have a tax cut of $490, according to ITEP.

Nor does he mention that ITEP calculates that in 2018 only 3 percent of those lower tier earners would have a tax hike of $460, while 79 percent would see a tax cut of $610. How these number were derived is not explained.

The average tax cut for 84 percent of all Nevadans in 2018 would be $2,670, according to ITEP. Yes, the tax cut for the richest 1 percent would amount to more than $100,000. The poorest 20 percent would only save $270.

Democrat Sen. Catherine Cortez Masto chimed in by claiming the House bill would raise taxes on 36 million working and middle class families, without bothering to mention that in 2017 there were more than 145 million IRS tax returns filed.

Democrat Rep. Dina Titus of Las Vegas lamented, “Of the 50,000 constituents in my district who itemize their taxes, the majority earns less than $75,000 per year.” She failed to note that the standard deduction is being doubled and thus eliminates the need for itemizing for many of them. Nor did she mention that only 25 percent of Nevadans’ tax returns are itemized.

First-term Democrat Rep. Jacky Rosen of Henderson, who has already announced she is a candidate for Heller’s Senate seat, wailed, “This partisan plan adds $1.5 trillion to our deficit and could trigger a $25 billion cut from Medicare as well as further cuts to other programs, unfairly shifting costs onto Nevadans who rely on commonsense tax reliefs policies that help those saddled with high-cost medical expenses, students struggling to pay off their college loans, and teachers trying to buy basic supplies for their classrooms.”

But Republican Rep. Mark Amodei, who represents Northern Nevada, counters that such deficit claims fail to take into account the anticipated growth in GDP that should increase wages and jobs and actually grow federal tax revenue.

“Even a 1% increase in GDP generates about $3 trillion in revenue over 10 years — more than covering the anticipated $1.5 trillion deficit,” Amodei reported in an email. “The accuracy of this projection can be further evidenced by going back to the Clinton Administration where GDP growth was at 3.9% – the highest it’s ever been under the last five administrations – and the government was operating under a surplus.”

The congressman also pointed out that for those in his district with an annual income of around $64,000 the federal tax cut effect is more than $1,200 a year with the new brackets and increased standard deductions.

Amodei and Sen. Heller both cited the calculations by the Tax Foundation which estimates that both the House and Senate bills could bring 8,000 additional jobs to Nevada and boost middle-class income by $2,500 a year.

What are you going to believe? Historic precedence or cherry-picked examples of a handful of outliers?

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.