Old enough to know better but still too young to care?

In an email newsletter today former Nevada Republican Attorney General Adam Laxalt reveals how the liberal minds on the opposite coasts are reaching opposite conclusions.

He notes that California lawmakers are considering a bill that would change the criminal justice system in that state so that those under 21 would be tried in the juvenile courts. Currently that covers only those under the age of 18.

Laxalt linked to a Los Angeles Times that states:

The science says [those] between 18 and 24 have less than fully developed prefrontal cortexes,” said Brian Richart, president of the Chief Probation Officers of California, the trade association that represents probation officials across the state. “Their decision making is inhibited. They act impulsively and we know this, yet we treat them as if they are fully developed.”

The former AG then linked to a Boston television website story that states:

How young is too young to vote?

That’s the question Massachusetts lawmakers are now grappling with after hearings on several bills that aim to expand voting rights to younger citizens.

“They deserve to have a voice on issues that will affect them for decades to come,” said Sen. Harriette Chandler, who sponsored one of those bills that would let each municipality decide whether to allow teens as young as 16 vote in local elections.

Laxalt concludes with the question: “Don’t these coastal liberals ever talk to each other?”

Wyoming Tribune Eagle/W. Stroot

Editorial: WOTUS rule change restores federalism

The usual suspects in the self-styled environmental groups predictably collapsed into palpitating conniptions this past week when the Trump administration announced its final rule rolling back the Obama-era rule that overreachingly defined the waters of the United States (WOTUS) covered by the Clean Water Act of 1972 as every stream, ditch, wetland or muddy hoof print that might ever eventually spill a few drops of water into any rivulet.

Brett Hartl, government affairs director at the Center for Biological Diversity, wailed, “This sickening gift to polluters will allow wetlands, streams and rivers across a vast stretch of America to be obliterated with pollution. People and wildlife need clean water to thrive. Destroying half of our nation’s streams and wetlands will be one of Trump’s ugliest legacies. We’ll absolutely be fighting it in court.”

Massachusetts Sen. Elizabeth Warren, a Democratic candidate for president, fired off a Twitter rant, “Government works great for giant corporations that want to dump chemicals & toxic waste into streams & wetlands. It’s just not working for families that want to be able to drink water without being poisoned. This is corruption, plain and simple.”

But Environmental Protection Agency Administrator Andrew Wheeler, while announcing the rule change at a conference of the National Association of Home Builders in Las Vegas, pointed out, “All states have their own protections for waters within their borders, and many regulate more broadly than the federal government. … Our new rule recognizes this relationship and strikes the proper balance between Washington, D.C., and the states. And it clearly details which waters are subject to federal control under the Clean Water Act and, importantly, which waters falls solely under the states’ jurisdiction.”

The new rule — prepared by the EPA and the Army Corps of Engineers — is to take effect in 60 days, though litigation challenging it is a certainty.

The Obama administration’s 2015 definition of WOTUS covered about half of the nation’s wetlands and many streams that flowed only after heavy rainfall and required farmers and developers to seek expensive and time-consuming permits before turning so much as a shovel of dirt.

The Clean Water Act made it unlawful to discharge any pollutant that could eventually reach navigable waters unless a permit was first obtained. The 2015 WOTUS definition, for example, barred a Minnesota company from mining peat on a wetland 120 miles from the Red River.

Nevada and a dozen other states in 2015 obtained an injunction from a federal judge blocking enforcement of the sweeping WOTUS rule. Then-Nevada Attorney General Adam Laxalt said of the injunction, “This important order, at a minimum, delays implementation of an unwise, unjustifiable and burdensome rule, and protects Nevada’s landowners, farmers and developers from job losses and increased energy prices, until the final rule can be comprehensively fought in court.” The EPA decided the injunction applied only to those 13 states.

The rule change has been in the works since shortly after President Trump took office.

In a speech to the American Farm Bureau two weeks ago Trump talked about the rule change, saying, “And, today, I’m proud to announce that I am taking yet another step to protect the water rights of American farmers and ranchers. Under the previous administration, the Army Corps of Engineers proposed a new Water Supply rule that would give the federal government vast and unlimited power to restrict farmers’ access to water. That’s not a good thing. Is anybody happy with being restricted to water if you have a farm? Please stand up if you are happy about that. Because this authority rightfully belongs to the states, not the bureaucrats in Washington, D.C.”

The nation’s waters are not being turned over to corporations for dumping chemicals and toxins. The power to regulate and protect the water is simply being returned to the states, which under the principles of federalism, is where they rightfully belong.

In fact, Trump’s executive order of February 2017 that started the rule change process is titled: “Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.”

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

Newspaper column: Appellate court nominee falsely accused

The confirmation process for federal judicial nominees has turned into a scorched earth battle fueled by character assassination and innuendo coming from faceless, nameless partisan critics who can never be held accountable.

This was evident once again this past week as former Nevada Solicitor General Lawrence VanDyke, who has been nominated for a seat on the 9th U.S. Circuit Court of Appeals by President Trump, was excoriated and maligned by Democrats on the Senate Judiciary Committee hell bent to derail his confirmation.

The committee members were aided and abetted by the left-wing lawyers at the American Bar Association, which rated VanDyke “not qualified” based on 60 anonymous interviews with lawyers and judges. The scathing ABA letter accused VanDyke of being arrogant, lazy and an ideologue, questioning whether he would be fair to members of the “the LGBTQ community.”

The letter said, “Mr. VanDyke would not say affirmatively that he would be fair to any litigant before him, notably members of the LGBTQ community.”

VanDyke uncategorically denied this, telling senators, “No, I did not say that. I do not believe that,” adding that he would “absolutely” commit to treating everyone with dignity and respect.

The letter did not deign to mention the ABA chief evaluator was a Montana trial lawyer who had contributed to VanDyke’s opponent when he ran for a seat on the Montana Supreme Court in 2014. Bias?

As solicitor general VanDyke worked in the office of then-Attorney General Adam Laxalt, who in a recent interview bristled at the baseless allegations thrown at VanDyke.

Laxalt countered, “He is the most humble, hardworking, intelligent lawyer we could possibly have nominated for this seat. He is tremendous in every way, both personally and professionally. He is a great human being and his legal acumen was unprecedented in our 400-person office.”

Of the accusation that VanDyke refused to say he would be fair to everyone appearing before him, Laxalt seethed, “It makes no sense that, as she says in that letter, that she asked whether he would basically discriminate against this group and he refused to answer. That doesn’t make any sense. That’s impossible. Of course, we don’t know the notes. We don’t know the question. We don’t know the context, but there is no way he would not affirm that he would treat all persons fairly under the law.”

Ironically, the former attorney general noted, it is the other side that lets their personal opinions and philosophy dictate their written opinions rather than legal precedent and the law, noting that 90 percent of lawyers coming out of law school today are liberals.

As for VanDyke’s qualifications, Laxalt said he has practiced before the 9th Circuit and the Nevada Supreme Court more than any nominee he is aware of. Of the cases handled by VanDyke, Laxalt said his agency almost never lost.

VanDyke has successfully challenged the Obama administration’s overtime and “waters of the U.S.” rules, as well as DACA, overly restrictive land use plans to protect sage grouse and cases involving religious rights.

“I’m telling you 1,000 percent that he is a humble, brilliant, hardworking man. I think those three in a string because obviously they said the exact opposite, that he was lazy, lacks humility, et cetera, but he is the polar opposite,” Laxalt said. “If you sat down with this guy you’d walk away … I always call him the gentle giant. He is 6-7 and he is the most non-imposing, kind, seriously sweet 6-foot-7 man you’ll ever meet.”

Laxalt predicts, “Lawrence VanDyke will be confirmed to the 9th Circuit. I am not concerned, and the Republican senators that I have spoken to on Judiciary were appalled by this. They were incredibly upset and there’s no movement on his nomination. People are going to support him and he will be confirmed. We can expect everything on the planet to be attempted in a (Brett) Kavanaugh-like smear. I mean a non-me-too-like Kavanaugh smear. They’re going to do everything they can to kill this guy.”

It is all about power, Laxalt said, noting that Trump’s two recent 9th Circuit picks would change the court from being very liberal to being more conservative.

According to Ballotpedia, an ABA “not qualified” rating is not necessarily an impediment. Of 21 nominees thus rated since 1989, 13 were confirmed, six withdrew and two are pending, including VanDyke.

Both of Nevada’s Democratic senators, Catherine Cortez Masto and Jacky Rosen, appeared on the Senate floor to oppose VanDyke’s nomination, saying he is unqualified, but really meaning that he doesn’t fit their ideological mold.

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.

Lawrence VanDyke before Senate Judiciary Committee.

Newspaper column: Trump appeals court nominee looks right for the job

This past Friday President Trump nominated former Nevada Solicitor General Lawrence VanDyke to a seat on the 9th U.S. Circuit Court of Appeals, which handles cases for nine Western states and territories in the Pacific.

As solicitor general, VanDyke served in the office of then-Nevada Attorney General Adam Laxalt. He also served as solicitor general in Montana and Texas. 

VanDyke earned bachelor’s and master’s degrees from Montana State University-Bozeman and graduated magna cum laude in 2005 from Harvard Law School, where he was editor of both the Harvard Law Review and Harvard Journal of Law and Public Policy. He is a member of the conservative Federalist Society and currently is a deputy assistant attorney general for the Environment and Natural Resources Division at the Department of Justice.

Nevada’s Democratic U.S. Sens. Catherine Cortez Masto and Jacky Rosen immediately issued a statement sharply critical of the nomination.

Lawrence VanDyke

“We’re frustrated the White House is choosing to ignore the bipartisan work undertaken by our offices in concert with Nevada’s legal community to identify and recommend qualified Nevadans for the Ninth Circuit,” said their statement. “The Administration’s decision to put forward this nominee ignores the broad, consensus-based opinion of Nevadans. Instead, the White House has chosen to move forward on their extreme judicial agenda. While we will review the full record of this nominee, we are disappointed that the White House has chosen to nominate a candidate with a concerning record of ideological legal work.”

Only two days before the two senators had announced the formation of what they called “bipartisan judicial commissions to make recommendations for Nevada’s judicial vacancies,” and said, “We are establishing the commissions to encourage this and future administrations to nominate candidates that reflect the diversity and values of the Silver State.”

Republican President Trump paid no heed whatsoever.

Critics of VanDyke quickly jumped on his record in Montana of advancing friend of the court briefs defending bans on same-sex marriage and abortion, as well as challenges to gun rights. 

The voters of both Montana and Nevada had amended their state constitutions to prohibit same-sex marriage, and in 2014 Montana filed a legal brief defending those amendments before the 9th Circuit. Cortez Masto, then Nevada attorney general, refused to defend the state’s amendment. The 9th Circuit eventually ruled both state’s amendments were unconstitutional.

VanDyke was quoted by a Montana newspaper, while running unsuccessfully for a seat on that state’s Supreme Court, “My job was to represent the interests of the people of Montana and defend our state’s laws. So simply because I worked on a specific case or made a specific recommendation obviously can’t be taken as representative of my personal views. In fact, as Montana’s solicitor general, I worked on cases and took positions that were sometimes at odds with my personal or political views.”

While working under Laxalt, VanDyke was said to be a key figure in securing an injunction staying the Environmental Protection Agencies’s 2015 “Waters of the United States” rule, which unduly expanded federal power over every stream, ditch, seasonal puddle and muddy hoof print as being covered by the restrictions of the Clean Water Act of 1972. 

The conservative National Review also notes that VanDyke’s challenge of the Bureau of Land Management’s over-broad greater sage grouse land plan caused the agency to back off. The plan would have withdrawn more than 10 million acres of federal public land from use for such things as grazing and mineral exploration. He also challenged the Obama-era EPA’s Clean Power Plan that threatened to raise power bills.

“VanDyke also litigated in defense of the Second Amendment and religious freedom,” the National Review article continues. “He filed the multi-state amicus briefs at both the circuit and Supreme Court level in the Trinity Lutheran case. He was also part of the successful multi-state challenge to the Obama administration’s DAPA program, which attempted to legalize and grant numerous benefits to over 4 million illegal aliens without statutory authority. As the lead lawyer for a 22-state coalition, he successfully challenged the Obama administration’s Overtime Rule.”

Sounds like the kind of person who could help change the future rulings of the once uber-liberal 9th Circuit.

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: Annual Basque Fry will tout conservative values

Adam Laxalt addresses the 2017 Basque Fry. (R-J file pix

With Democrats holding strong majorities in the Nevada state Senate and Assembly, as well as every statewide constitutional office save one, there seems to be a sense of urgency about this year’s fifth annual Basque Fry coming Sept. 14 at the Corley Ranch in Gardnerville.

The conservative speakers, family entertainment and lamb fries fest is put on by Adam Laxalt’s Morning in Nevada PAC and is modeled after the Basque Fries his grandfather Paul Laxalt, a former Nevada governor and U.S. senator, used to conduct in Nevada and Washington. Adam Laxalt is the state’s former attorney general and was the Republican candidate for governor in 2018.

“We’re very excited about the fifth annual Basque Fry,” Laxalt said during a recent interview. “We’re fortunate this event has taken permanent hold in Northern Nevada. We expect a very large crowd again and think a lot of people are going to be very enthusiastic about it. We’ve talked, leading to the event, about the importance of trying to take back our state and we plan on discussing that at the Basque Fry.”

The list of scheduled speakers include Mick Mulvaney, acing White House chief of staff; Matt Schlapp, chair of the American Conservative Union, and his wife Mercedes Schlapp, a former White House director of communications; Matthew Whitaker, a former U.S. attorney general; Corey Lewandowski, who served as President Trump’s campaign manager; John Fund, a columnist for the National Review; Katie Williams, who had her Miss Nevada crown taken away for expressing conservative political views; and, of course, Laxalt.

Laxalt said he expects he and other speakers will highlight how radical and left-wing the Democratic Party and its presidential candidates have become, saying their positions do not align with Nevada values and are not good for our state.

“Some of our Democrats kind of hide out and they are not put on the record whether they are going to denounce these things or whether they support them,” he said. “So, I think it is important to get these positions on the record and in the public consciousness of Nevadans, so they understand what the Democratic Party represents today. The old blue-collar, fairly conservative Democratic Party that existed in Nevada a few decades ago, maybe even closer than that, is long gone. So we have to draw that contrast for everyday voters, especially swing voters in our state.”

Laxalt cited for example the Democratic position supporting open borders and denigrating the Immigration and Customs Enforcement agents and the laws they are duty bound to enforce.

He also expects the topic of media bias to be addressed. “It’s just frustrating, because for me it is the rule of law. I think that’s what has made our country unique and is an essential piece of what made America the greatest country in modern times. The other side will ignore the rule of law whenever it is politically expedient for them, and they rarely have the media holding them accountable for that kind of thing,” he said.

This year the Basque Fry is being held in conjunction with the Conservative Political Action Conference West, which is being put on by the American Conservative Union at the Grand Sierra Resort in Reno the day before.

Laxalt said it is important for conservatives to build policy infrastructure. “To have such a nationally reputable organization like the American Conservative Union and CPAC to come to Nevada and create a CPAC West, I think is going to be great for us,” he said. “We need to rebuild the conservative intellectual base in this state, which we know was not encouraged in the last many years or supported. I think it is important that message is getting out and that people understand there is a strong alternative to progressivism, leftism, socialism, et cetera.”

One of the panels at CPAC West will address the Western lands policies over the past few decades, which have hampered the economic wellbeing of rural communities.

Laxalt concluded by saying, “This type of event is important to encourage people to engage, and if we don’t engage we will lose this state and we will lose this country. Unfortunately, many of our voters they don’t have politics as a hobby. They are raising families and running small businesses and things like that. It is just very hard to get people engaged in this otherwise ugly business, but we need people to get more engaged. I still feel confident if we get more and more people into the system, then we can win back this state.”

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.

Addition: Former Interior Secretary Ryan Zinke is also speaking at the Basque Fry.

 

Newspaper column: Laxalt reflects on term as attorney general

As Adam Laxalt closes out his term as attorney general and transitions the office to his successor in January, he took the time to reflect on what his team has accomplished for Nevada.

“My vision for the office was to be more than an office that just represents state agencies and boards and commissions in areas that we thought we wanted to find ways to lead. The title of top law enforcement officer comes with the attorney general’s office but we really wanted to lead law enforcement, which is why we created the Law Enforcement Summit concept.”

One of the cases in which the office assisted law enforcement that Laxalt cited was out of Elko. In 2008 an Elko police officer stopped a California man named Ralph Torres for suspicion of underage drinking. Torres produced an ID showing he was 29, but the officer detained Torres while dispatch verified the ID and it turned out Torres had a felony warrant.

His conviction was overturned in 2015 by the Nevada Supreme Court, which said his detention violated the Fourth Amendment prohibition against unreasonable searches and seizures.

Laxalt’s office took the case to the U.S. Supreme Court and the arrest validity eventually was upheld.

Attorney General Adam Laxalt, with three children under 5, says he plans to get some sleep once he leaves office.

“That’s just one example among many of things that came out of our coordination and cooperation with rural law enforcement,” Laxalt said, adding that the office also helped cut the backlog in sex offender registry.

Laxalt’s office also filed a lawsuit challenging the Obama administration’s restrictive land use plans intended to protect sage grouse that hurt mining and ranching.

Though the Trump administration lifted many of those restrictions, Laxalt contends that had his office not fought the Obama rules in court they might have been implemented. “We made sure we slowed that train down. Fortunately, the current administration has a more cooperative approach to working with our state,” Laxalt said.

He noted that creating a federalism unit in the attorney general’s office was also important, because, “In the years prior to my taking office you really saw federal overreach. You really saw the expansive interpretation of federal powers.”

Asked to define federalism, Laxalt explained, “I think people misinterpret it a lot. Federalism is, of course, to make sure that we keep as much power at the state level as we possibly can as the Framers intended. We don’t want people 3,000 miles away trying to decide minutiae of how we should be running our state.”

One example of this was the effort by the Environmental Protection Agency and the Army Corps of Engineers to redefine the waters of the U.S. under the Clean Water Act.

“They were going to redefine that ‘navigable waters’ phrase more broadly than Congress intended or, so we argued, as anyone intended. That would have really hampered our own state and own local ability to be able to take charge of our own water,” the attorney general said, noting that a coalition of states won an injunction that slowed the implementation until the current administration could issue more rational rules.

Since 85 percent of the state of Nevada is controlled by various federal land agencies, the highest percentage of any state, Nevada is more strongly impacted by federal restrictions on land use.

“Right now we think we’re in a better situation in this state,” Laxalt said. “The current administration certainly (Interior) Secretary (Ryan) Zinke and the head of the EPA have a more federalism approach to working with states.”

He expressed a level of satisfaction with his office’s efforts to include rural Nevada counties in the decision making process and fending off federal regulations that could have been an economic death knell for rural counties.

When asked about any future plans, Laxalt said he and the 400 employees in his office are currently working to transition to the next attorney general, Democrat Aaron Ford. He said he’ll think about his future next January and February.

He joked that he is looking forward to getting some sleep. Not only has he been running the attorney general’s office, seeking unsuccessfully to be elected governor, but also raising three children under the age of 5.

Asked whether he might run for public office again in the future, Laxalt said, “You know I care deeply about this state and I certainly hope — you know it is something I’ve talked about a lot this year — that I don’t want our state to turn into California. … I really hope we hold onto our values, such as small government, individual liberties.”

We shall see.

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.

‘Find me candidates who believe in real conservative principles’?

One-note Root today offers his solution to the 2018 Republican election rout.

One can’t argue with his premise that Gov. Brian Sandoval did not live up to his election promises. Instead, he shepherded though the largest tax increase in state history to pay for the highest budget; pushed through the commerce tax on businesses; expanded Medicaid under ObamaCare; allowed illegals aliens to get driver’s licenses; and bailed on school choice.

But Root’s solution is:

Find me candidates who believe in real conservative principles and who know how to proudly and loudly sell that message, and I’ll show you a Nevada that is painted Republican red again. That’s a Christmas message of hope for the Nevada GOP.

Well, they don’t get any more conservative than Bob Beers, who lost the race for state treasurer to an unknown, much less-qualified Democrat. The same could be said for Ron Knecht, who lost his controller re-election bid, and Wes Duncan, who lost his bid for attorney general. And, yes, Adam Laxalt had said he would try to repeal the commerce tax and as attorney general defended conservative principles and values. He lost to a tax-loving Democrat. We’ll skip over tax-hiker Michael Roberson.

Root’s solution has already failed. What now, one-note Root?