PROPERTY RIGHTS BACKLASH OUT WEST
 
In the sizeable wake of last year's U.S. Supreme Court decision (Kelo v. City of New London) expanding government authority to take private property through eminent domain (see "The revolt of the states" in July 3 issue of SNCJ), 30 state legislatures passed laws restricting such seizures. But next month, voters in a number of Western states will consider measures that go much further than merely countering Kelo, limiting government's power to enforce zoning regulations, even where those laws benefit the health and safety of the public at large. Measures dealing with property rights will actually appear on the ballot in twelve states in November, making it the biggest ballot issue this election season. Most of the measures would restrict the use of eminent domain to a greater or lesser degree, but a few of the ballot efforts, in states like ARIZONA, CALIFORNIA, IDAHO and WASHINGTON, are significantly more far-reaching. Often described as "Kelo-plus," they aim to halt so-called "regulatory takings," the effective seizure of private property by the government through zoning law changes. The origins of the Kelo-plus initiatives actually lie in another Western state: OREGON. There, in 2004, voters passed an initiative — Measure 37 — requiring the government to reimburse property owners who successfully demonstrate zoning restrictions have hurt their property values or, alternatively, waive the zoning rules that have been imposed upon them. Interestingly, despite more than $5.6 billion in claims since Measure 37 was upheld in court this spring, not a single penny has been paid to Beaver State property owners. According to Sheila A. Martin, director of the Institute of Portland Metropolitan Studies at Portland State University, cash-strapped local governments have instead simply opted to waive the zoning laws. And that, critics say, is the real danger of the Western states' regulatory-takings initiatives. "Urban growth boundaries, agricultural protection ordinances, wetlands regulations, historic district rules — just about any kind of land-use rule would be more vulnerable to litigation if the [regulatory takings] measures were adopted," said Georgetown Environmental Law and Policy Institute Executive Director John Echeverria. "[The West] would be a lot more polluted, it would be a lot more congested, and it would be a lot less green if these measures were enacted." Echeverria maintains that eminent domain is not the evil that people tend to think it is. "Most people don't understand the valuable development [that eminent domain] can help generate, and how, if it's fairly conducted, it can produce entirely fair, even highly favorable outcomes, for affected property owners...." But for Echeverria and many others, the regulatory-takings initiatives, are another matter. They claim the measures are really nothing more than an effort by national libertarian groups to take advantage of voter outrage over the Kelo ruling to further limit the power of government. In making their case, Kelo-plus opponents have pointed out that about two-thirds of the money raised by the Boise-based group This House Is My Home, which is backing IDAHO's regulatory-takings initiative — Proposition 2 — came from the Fund for Democracy, headed by Howard S. Rich, chairman of the libertarian group Americans for Limited Government. And the critics say IDAHO is only one of several states that have received strong financial support from the Fund for Democracy. At least one Kelo-plus initiative campaigner, furthermore, has conceded that the Supreme Court's decision to evict Susette Kelo from her CONNECTICUT home last year has helped his cause. "As soon as I brought up the little old lady in New London, CONNECTICUT, it just clicked with everybody," said Eric Dondero, who gathered signatures for MONTANA's property-rights ballot measure. John Tillman, president of Americans for Limited Government contends that his organization is "essentially a 'networking station' that brings together grass-roots activists, donors and community leaders who share a common interest," adding that in this particular case, "that common interest in restoring property rights for the average citizen." Libertarians also argue that the Fifth Amendment of the U.S. Constitution prohibits the taking of private property for public use without compensating the owner, and that zoning restrictions constitute a partial taking of a property's value without compensation. "By not compensating landowners...you are essentially forcing a minority of landowners — the private property owners — to bear the cost of providing [a] public benefit," asserts Leonard Gilroy, a senior policy analyst with the Los Angeles-based Reason Foundation. What's more, not all voters are angry about the Kelo decision. Ranchers in rural IDAHO, for example, are deeply frustrated by the growing tide of newcomers from out-of-state who build second homes near their property and then seek to restrict land use around their little piece of paradise by getting it zoned as environmentally protected. Consequently, the more established residents have had little difficulty making up their minds about Prop. 2. "Everybody that's connected to the land is going to vote for it," said rancher Katie Breckenridge, "because there's an anger, a rising anger." Sentiments like that don't bode well for the anti-Kelo-plus camp, especially considering the fact that opponents of OREGON's Measure 37 had the backing of groups ranging from the state PTA to the American Cancer Society, endorsements from every daily newspaper in the state and twice as much money as the property-rights side — and still lost. In many of the Western states where that fight is now being waged, the opposition is neither as well organized nor as well funded. (NEW YORK TIMES, CHRISTIAN SCIENCE MONITOR, HIGHCOUNTRYNEWS.ORG)
 

Ranks of the uninsured hit record high
 
Ranks of the uninsured hit record high 
 
According the U.S. Census Bureau, a record number of Americans — 46.6 million, 15.9 percent of the U.S. population — do not have any form of private or public health insurance. That is an increase of 1.3 million (.3 percent) over the 2004 mark of 45.3 million. The percentage was significantly higher among some minority groups, particularly the Hispanics (32.6), Native Americans (29.9) and Native Hawaiian/Pacific Islanders (21.8 percent). African-Americans (19.5) and Asians (17.7) were also above the national average, while whites (14.8) were almost a full percentage point below. Forty five of the 50 states have between 10 and 20 percent of their residents living without health coverage, while only three — HAWAII, MINNESOTA and IOWA — are under 10 percent. NEW MEXICO and TEXAS are the only states to top 20 percent. Ironically, the overall number of Americans with healthcare coverage rose by 1.4 million between 2004 and 2005. 
 
Source: U.S. Census Bureau

STATES GET MEDICAID REPRIEVE: After a decade in which increases in state costs for Medicaid outstripped revenue growth, states are finally getting a break from that unwelcome trend. A report released last week by the Kaiser Commission on Medicaid and the Uninsured found that Medicaid spending increased by only 2.8 percent this past fiscal year (which ended June 30), down from 3.7 percent the year before — and a peak of 12.4 percent four years ago. The report cited several major reasons for the drop-off. First, the nation's improving economy helped slow the growth of the Medicaid rolls, since fewer people had incomes low enough to qualify for the program. The number of Medicaid recipients, which swelled by 40 percent between FY 2000 and FY 2005, increased by only 1.6 percent last year. Second, the federal government started picking up the cost of prescription drugs last year, although states will have to give most of the money they saved back to the federal government in so-called "clawback" payments. (If the states were able to pocket that money, their total Medicaid costs would have increased by only 1.7 percent last year.) And third, states have implemented significant cost-cutting measures over the past five years in response to the out-of-control rise of Medicaid costs. The combination of slower growth in Medicaid spending and strong revenue growth has "fundamentally changed the atmosphere in which Medicaid policy-making has occurred," said Vernon Smith of Health Management Associates, the chief author of the Kaiser report. "For the past four or five years during the economic downturn, states could only play defense. Now states can also play some offense," Smith said. According to Smith, the improved economic conditions helped make it possible for ILLINOIS to provide affordable health coverage for all uninsured children and for MASSACHUSETTS to pass its landmark mandatory health insurance law earlier this year. And he added that only three states planned to hike Medicaid co-payments next year, only nine states planned to cut benefits and, for the first time in years, no state planned to reduce the rates it pays doctors and health care facilities. But every silver lining has a cloud and along with all the good news, the Kaiser report also indicated that state officials are expecting another surge in Medicaid costs this fiscal year (STATELINE.ORG). 
 
BUDGETS IN BRIEF: As predicted (see POLITICAL GUSHER IN CA in Oct. 9 issue of SNCJ), the battle over CALIFORNIA's Proposition 87 — the proposed tax on oil production to fund alternative energy development — officially became the costliest initiative campaign in Golden State history last week. According to records filed at the secretary of state's office, the groups on either side of the measure have raised a total of $104.4 million, topping the $93 million spent on an initiative legalizing Indian gaming in 1998 (SAN DIEGO UNION-TRIBUNE). • LOUISIANA Gov. Kathleen Blanco (D) announced a plan last week to use an expected budget surplus and an emergency fund set up for hurricane evacuations to provide rebates to property owners who paid to keep the LOUISIANA Citizens Property Insurance Corp. — the state's insurer of last resort — afloat after Hurricane Katrina. Under her proposal, a typical homeowner with a $1,000 annual insurance premium would receive between $100 and $150. But the plan must first be approved by the Legislature, possibly necessitating a special session (ADVOCATE [BATON ROUGE]). • MISSISSIPPI Gov. Haley Barbour (R) said last week that he would hold off on implementing a planned hospital tax increase to close a $90 million hole in the state's Medicaid budget and give lawmakers a chance to come up with an alternate solution. The governor's decision came after the state received $149 million in additional federal hurricane aid, Katrina relief that had gone unclaimed by other states (CLARION-LEDGER [JACKSON]). • The legal fight over school funding in NEW YORK entered its final phase last Tuesday, when lawyers representing the public schoolchildren and the state squared off in the state's highest court, the Court of Appeals. The lawsuit accusing the state of underfunding New York City schools by billions of dollars has been winding its way through the Empire State court system for the last 13 years (NEW YORK TIMES).

POLITICS IN BRIEF: The U.S. Supreme Court declined the appeal of a case dealing with future damage award payments by cigarette companies not included in the 1998 tobacco settlement agreement. The appeal was filed by 30 states that have passed laws requiring three small tobacco companies to make such payments, laws which have been challenged by the companies on the ground that they violate antitrust law and the commerce clause of the U.S. Constitution. The pass by the high court means the companies can proceed with their antitrust claims (NEW YORK TIMES). • The 9th Circuit Court of Appeals has suspended the voter ID requirements passed by ARIZONA voters in 2004 as part of Proposition 200. Opponents had argued those provisions amounted to an unconstitutional poll tax. Unless the court's ruling is overturned — and the state has vowed to appeal it — Grand Canyon State voters will not be required to present photo ID or proof of address at the polls, just as in prior elections (ARIZONA REPUBLIC [PHOENIX]). • A MISSOURI state legislator serving in Iraq returned home on "convalescent leave" last week after being shot in the chest by a sniper while on patrol near Baghdad earlier this month. Rep. Jason Brown (R) said doctors had not decided whether to remove the bullet lodged in his left lung but that he planned to return to Iraq for "light duty" in 30 days (ASSOCIATED PRESS, ST. LOUIS POST-DISPATCH, KANSAS CITY STAR).

WILL DEMS GRAB GUBERNATORIAL EDGE? Much has been made of late of the potential for Democrats to regain control of at least one Congressional chamber in November's elections. Theories also abound that ongoing GOP struggles in D.C. will give Dems the impetus to achieve big legislative gains in statehouses across the nation. But while this fall's 36 gubernatorial races have not received as much attention in that regard, a closer look reveals that Democrats may also have their best chance in over a decade to gain an edge in state governorships. Republicans currently hold a 28-22 edge in governorships, an advantage they have held since they grabbed a net gain of 12 governorships in 1994, the year of "The Republican Revolution" that also gave the GOP control of Congress for the first time in four decades. According to many national elections experts, however, Democrats could regain their edge this fall, as they need to garner only four additional gubernatorial seats to regain their numerical lead. Most election observers point to numerous factors that appear to portend Dems gaining anywhere from four to eight gubernatorial seats this November. The most obvious factor is of course the plethora of bad news surrounding both the Bush administration and Congressional Republicans. The war in Iraq, the salacious gay text messaging scandal surrounding recently resigned Congressman Mark Foley (R-Fla.) and a general public discontent with Congress has created a significant opportunity for Democrats to regain the swing voters that have supported Republicans in recent years. As elections analyst Jennifer Duffy of the National Conference of State Legislatures points out, "Because Republicans have all this exposure, you've got to draw some connection to what is happening nationally." But there are other elements involved as well. Prime among them is that in nine of the 10 states where no incumbent is running for re-election, the governorship is currently held by Republicans. Open seats tend to be more competitive, and recent polls show Democrats with solid leads in five of those states — ARKANSAS, COLORADO, MASSACHUSETTS, NEW YORK and OHIO — while Republicans solidly lead the open-seat races in FLORIDA, IDAHO and NEVADA. The parties are neck and neck in ALASKA and IOWA, the final two states with an open governor's office. Of those governorships, only outgoing IOWA Gov. Tom Vilsack is a Democrat. Some GOP incumbents are also in tighter races than they had hoped for. That list would include MINNESOTA Gov. Tim Pawlenty, who is in a virtual dead heat with Democratic challenger Mike Hatch, and MARYLAND, Gov. Robert Ehrlich, who is currently trailing Democrat Martin O'Malley in most polls. Polls have been a little more mixed for RHODE ISLAND incumbent Don Carcieri (R), with a recent Mason-Dixon poll giving him a 16-point lead while a Gallup survey showed only a one-point advantage. Some GOP governors must also deal with the longevity issue, as several of this year's races are in states that have had Republican governors for eight years or more. Election watchers say that the public's mood often shifts against incumbents or parties that have been in office for long periods of time, something independent WASHINGTON political analyst Stuart Rothenberg calls "a normal rotation we don't see in the House and Senate." It all adds up to a tough slog for Republicans, according to Republican Governors Assn. Executive Director Phil Musser. "There's no question we're facing a bit of a headwind. The national mood ain't great." While that is encouraging to Democratic hopefuls, Democratic incumbents in WISCONSIN, MICHIGAN and OREGON have their own problems to deal with as well. All three are locked in serious political dogfights, each for different reasons. WISCONSIN Gov. Jim Doyle has battled ethics issues all year, while MICHIGAN Gov. Jennifer Granholm has been dragged down by an ongoing slump in the state economy. In OREGON, Gov. Ted Kulongoski lost much of his party's traditional support — organized labor — when he championed public employee retirement reforms that reduced benefits for those workers. Ethics issues may also play a major role in ILLINOIS, where Antoin "Tony" Rezko, one of incumbent Gov. Rod Blagojevich's (D) top advisers and fundraisers, was indicted last week for allegedly using his influence with the governor to garner millions of dollars in kickbacks and campaign donations from firms seeking state business. How much that helps Republican challenger Judy Baar Topinka remains to be seen. Overall, Republicans are expected to win or retain the governor's office in TEXAS, IDAHO, FLORIDA, NEVADA, SOUTH DAKOTA, NEBRASKA, GEORGIA, SOUTH DAKOTA, VERMONT, and CONNECTICUT. Gov. Arnold Schwarzenegger is also likely to hold on to his job in CALIFORNIA. Democrats, meanwhile appear to have a solid grip on ARIZONA, NEW MEXICO, KANSAS, TENNESSEE, NEW YORK, NEW HAMPSHIRE, MAINE, PENNSYLVANIA, MASSACHUSETTS and ARKANSAS. Fourteen states do not have gubernatorial elections this year. Eight of those — WASHINGTON, MONTANA, WEST VIRGINIA, NORTH CAROLINA, VIRGINIA, NEW JERSEY, LOUISIANA and DELAWARE — have Democrat governors, while a Republican currently presides over MISSOURI, MISSISSIPPI, INDIANA, KENTUCKY, UTAH and NORTH DAKOTA. (LOS ANGELES TIMES, NEW TORK TIMES, DETROIT FREE PRESS, CHICAGO TRIBUNE, WASHINGTON POST, JUNEAU EMPIRE) 
 
WARNER BOWS OUT: Saying he wants to spend more time with his family, former VIRGINIA Gov. Mark Warner (D) announced he will not run for president in 2008. Warner, who many considered to be a major player in the race for the Democratic nomination, said he made the decision after spending time touring colleges with his oldest daughter. "I know these moments are never going to come again," Warner said of his time with his wife and three daughters. "This weekend made clear what I'd been thinking about for many weeks — that while politically this appears to be the right time for me to take the plunge — at this point, I want to have a real life." Observers say Warner could still be in line for a role on the Democratic ticket as the vice presidential candidate. (WASHINGTON POST) 
 
BARBOUR THANKS BUSH, DISSES LA: MISSISSIPPI Gov. Haley Barbour (R) paid a visit to FLORIDA last week to personally thank Gov. Jeb Bush (R) for the aid the Sunshine State gave to his state after Hurricanes Katrina and Rita. Barbour also took the opportunity to defend the federal government over its much-criticized response to the disaster, and to toss a jibe or two at how LOUISIANA has handled itself in the hurricanes' aftermath. Barbour said that while the federal and state governments "made mistakes," he said that the Federal Emergency Management Administration and others "did a whole lot right more than wrong." Barbour, a close friend of President Bush and a former head of the Republican National Committee, added that that he is irritated "so many people blame the federal government for what happened in LOUISIANA. If it was the federal government's fault, how come we didn't have the same result in MISSISSIPPI?" (SUN HERALD [BILOXI])

BUSINESS: The U.S. Supreme Court upholds a NORTH DAKOTA law that bars telemarketers from making prerecorded interstate calls to Flickertail State residents. The law had been challenged by a VIRGINIA company that claimed federal law allows such calls (BISMARCK TRIBUNE). • Under pressure from at least 38 states, tobacco giant R. J. Reynolds agrees to accept a domestic ban on flavored cigarettes. The agreement requires Reynolds to stop identifying cigarettes with candy, fruit, desserts or alcoholic beverage names, imagery or ads. The company will also cease using scented promotional material, including scratch-and-sniff samples (NEW YORK TIMES).  
 
CRIME & PUNISHMENT: The COLORADO Supreme Court rules that victims who lose property through some form of deception are not entitled to have that property returned to them from someone who purchased it further down the line. The court said that property owners may legally reclaim their stolen goods only if they were taken via burglary or violent crime (DENVER POST). • A federal court rejects a request to block a new KENTUCKY law that bars sex offenders from living within 1,000 feet of schools, licensed day-care centers and public parks with pools or playgrounds. Plaintiffs said they would be irreparably harmed by being forced to move (COURIER-JOURNAL [LOUISVILLE]).  
 
EDUCATION: An ILLINOIS Legislative committee approves new rules that ban the sale of all junk food in Prairie State elementary and middle schools. That reverses a decision made last April by that same committee to reject such a ban. The new rules ban the sale of any food in which calories from fat exceed 35 percent. School vending machines must now also contain milk, water or juices that contain more than 50 percent fruit or vegetable juice in lieu of sodas (DAILY HERALD [SPRINGFIELD]). • MICHIGAN education officials establish new high school science curriculum guidelines that mandate the teaching of evolution. The state board also removed language from the curriculum that could have been construed as questioning evolution's scientific credibility (DETROIT FREE PRESS).  
 
ENVIRONMENT: A season of devastating fires leads NEVADA Gov. Kenny Guinn (R) to authorize the biggest emergency deer hunt in Silver State history. Guinn said a loss of more than a million acres of mule deer habitat to fires this season has wiped out the deer's food supply. The state is expected to issue 1,000 of the special mule deer tags for the hunt, which is open only to state residents (LAS VEGAS REVIEW-JOURNAL). • WYOMING wildlife officials again file suit against the U.S. Fish and Wildlife service over the federal agency's rejection of the Cowboy State's proposed wolf management plan. The suit alleges the rejection was for political reasons. Federal authorities also rejected a state plan in 2004, which sparked a lawsuit later tossed out by a federal court (BILLINGS GAZETTE).  
 
HEALTH & SCIENCE: TEXAS Gov. Rick Perry (R) issues an executive order that will create a state agency tasked with developing a statewide secure medical records system. Other responsibilities will include seeking methods for lowering insurance costs for small businesses and helping Lone Star State residents search for doctors and hospitals (FORT WORTH STAR-TELEGRAM).  
 
SOCIAL POLICY: A CALIFORNIA appeals court upholds the Golden State's ban on same-sex marriage. The court ruled that only state lawmakers have the power to change the state's definition of marriage. The case will be appealed to the state Supreme Court (LOS ANGELES TIMES). • Meanwhile, the U.S. Supreme Court refuses to hear a separate legal challenge to the CALIFORNIA law banning gay nuptials. The high court rejected the suit without comment (SAN DIEGO UNION TRIBUNE).  
 
POTPOURRI: A federal judge rules that KENTUCKY judicial candidates may express their partisan leanings to voters. The court also ruled that those candidates are allowed to solicit campaign contributions from lawyers who may end up arguing cases before them, but may not reveal how they would rule on particular issues (COURIER-JOURNAL [LOUISVILLE]).

OLD DOG BITES NEWSPAPER: Sonny Perdue, a former Bulldog football player, had had it. The GEORGIA governor has long complained that the state's largest and most influential rag — the Atlanta Journal-Constitution — seems always to seek out and report the worst about the Peach State. But last week, Perdue was pushed over the brink by a headline above the paper's coverage of a GEORGIA Bulldogs football game: "Dogs get put in their place." Exasperated that the paper's negativity had dripped onto — of all places — the sports page, the guv promptly fired off a letter to the editor, the paper reports, lambasting the AJC for its downbeat attitude of "all things Georgia." Oh, yeah. Georgia lost that football game to rival TENNESSEE. Score: 51-33. 
 
TUBIN' IT: It was inevitable. Politics would eventually meet, court and, if not marry then certainly fool around with the Web site, YouTube. YouTube, for the uninitiated, is a free video-hosting service that allows anyone to post a homemade, electronic slice-of-life. It draws enough of a viewing audience that Google last week reached a billion-dollar agreement to buy the site. What, then, could be more perfect for a political campaign, especially one short of cash? Even campaigns with plenty of cash are taking advantage of the venue, reports stateline.org. For instance, ILLINOIS Gov. Rod Blagojevich and his Republican opponent both have posted unflattering videos of each other. A caricature of IDAHO Gov. Jim Risch is featured in another snippet, posted by an amateur who isn't much enamored by Risch's tax policies. Some self-promote, such as ARIZONA state Sen. Ed Ableser who used his site to take viewers along during a typical work day. Okay, the result this time was a bit grainy, but the way technology tends to advance in nanoseconds, it won't be long before Ableser and his YouTubing cohorts will be producing videos that rival those of another state politician — the governor of CALIFORNIA. 
 
A SPECIAL ELECTRONIC MOMENT was aired over a WEST VIRGINIA television station last week, but the result apparently will not derail the re-election campaign of state Sen. Randy White. According to the Associated Press, the Democrat will continue to seek a second term despite the potentially damaging fact that several less-than-flattering photos — some of White in the nude — were broadcast during a Charleston news program. White says the photos were stolen from his computer by a disgruntled employee. He also says he has been battling depression and a "personal identification situation." His Republican opponent did not offer any comment. Prudent choice. 
 
PC RUN AMOK? Language can change over the decades, and every now and then, the use of a particular throwback word or term — regardless of context — can inflame passions and remind everyone that some words are accompanied by very raw emotions. And so it was recently in ARIZONA when comments by a state legislator brought him a world of grief. As the Arizona Republic reports, Rep. Russell Pearce was discussing immigration reform when he referred to a long-ago federal program to deport illegal aliens. The program, from the 1950s, was called "Operation Wetback," and Pearce used the term. That set off an explosion among various ethnic and religious groups, who castigated Pearce for using a term considered highly derogatory toward Hispanics. Pearce fired back, accusing his critics of extreme political correctness, pointing out that his son is married to a Latina, and noting that his choice of words was merely an historical reference.