Consovoy McCarthy, the state’s outside law firm, stands to reap millions in fees by getting the case before the Supreme Court.
Consovoy McCarthy, the state’s outside law firm, stands to reap millions in fees getting case before the Supreme Court.
The real prize is a ruling from the U.S. Supreme Court neutering the Antiquities Act, the 1906 law presidents have been using since Theodore Roosevelt to designate monuments, often spanning hundreds of thousands of acres. “The district court litigation should be conducted with an eye toward preserving all necessary legal claims and factual arguments for a trip to a federal circuit court and to the U.S. Supreme Court,” proclaims the submission, signed by Consovoy partner
The Supreme Court’s current conservative supermajority may be receptive to the state’s argument, but Daniels said he wouldn’t bank on the outcome Reyes and other elected Utah leaders want.Legislature this year appropriated $5 million Reyes contends Biden’s action violated the “plain text” of the Antiquities Act, which limits the size of designations to protect historic structures and objects of scientific interest.
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