Tuesday, July 8, 2025
Home Blog Page 17

Rebellion in Salem: Oregon Democrats to try curbing presidential control of National Guard

A group of Oregon Democratic lawmakers has introduced legislation seeking to limit the federal executive branch’s ability to deploy the Oregon National Guard. Their actions will raise many questions about constitutional authority and federalism, especially in the wake of Antifa and anti-ICE riots in Portland recently, as well as in Los Angeles.

The bill aims to prevent federal deployment of the Guard in ways that could hinder its availability for state emergencies, such as wildfires. It also outlines specific duties the Guard could and could not perform, particularly in the context of civil unrest. The effort appears to be a response to President Donald Trump’s decision to federalize the California National Guard during recent protests and violent riots targeting Immigration and Customs Enforcement facilities in Los Angeles.

In Portland, anti-ICE protests have held the ICE facilities in a state of siege since the weekend, and protesters have damaged federal property and injured officers, with little help coming from Portland police, who have taken a hands-off approach and left federal officers to fend for themselves.

The legislation may run afoul of the US Constitution, however. At the center of the debate are the Supremacy Clause (Article VI, Clause 2) and the Militia Clauses (Article I, Section 8, Clauses 15–16), which grant the federal government broad authority over state militias, including the National Guard.

Under the Supremacy Clause, any state law that conflicts with federal law is preempted. That includes attempts to limit the President’s authority to federalize the National Guard in emergencies.

In Perpich v. Department of Defense, the Supreme Court in 1990 upheld the federal government’s right to deploy the National Guard for overseas training missions even over state objections. That case reaffirmed the dual federal-state nature of the Guard, but made clear that when federalized, the Guard is under federal control.

Legislative summaries of the Oregon bill indicate it would:

  • Prevent the Oregon National Guard from being deployed in a manner that reduces its capacity to respond to in-state emergencies.
  • Restrict deployment for crowd control or law enforcement activities related to civil demonstrations, unless authorized by the governor.

The bill sponsors say they want to protect Oregon’s emergency response capabilities and guards against politically motivated federal deployments.

Then there’s the Posse Comitatus Act, which generally prohibits the use of federal military forces for domestic law enforcement without Congressional authorization.

Yet, the National Guard is not bound by that law when under state control, and when under federal control, there are exceptions that apply, such as the Insurrection Act.

In 2020, similar riots in Portland led to the deployment of federal officers, but not National Guard troops. Courts ultimately upheld the federal role in protecting federal property.

In 2024, about 230 members of the Oregon Army National Guard’s 2nd Battalion, 218th Field Artillery Regiment, were sent on a year-long deployment to the Middle East to support Operation Inherent Resolve.

The Oregon Legislature is expected to take up debate on the bill later this summer. If passed, it is likely to face immediate constitutional challenges in court.

Kevin McCabe: Alaska’s constitutional mandate and the Legislature’s capital budget shortfall

By REP. KEVIN MCCABE

Article IX, Section 16 of the Alaska Constitution is clear: At least one-third of our state spending must be reserved for capital projects and loan appropriations.

That’s not a suggestion, it is a constitutional mandate.

Yet the Legislature’s FY25 capital budget allocates just $2.9 billion, or 19% of the $15.7 billion total budget; well short of the one-third requirement. That failure carries real consequences, for roads, schools, and economy. When the Legislature falls short by over $1.6 billion, it is not just a math problem; it is a failure of priorities.

Pressure from expanded social programs continues to squeeze out infrastructure investments. While these have their place, they cannot come at the cost of letting our roads crumble, our ferries rust in port, or our schools fall into disrepair. When every dollar is treated as a zero-sum choice, infrastructure always seems to draw the short straw.

With oil revenue decreasing and unrestricted general fund income falling to $5 billion, the Legislature leaned into what it calls “fiscal restraint”. But real fiscal responsibility means investing wisely in projects that grow our economy, not pulling back so far that we risk stagnation.

Much of the FY25 budget debate centered on increasing the Base Student Allocation. While funding education is important, so is investing in the buildings where that learning takes place. Pouring money into operating costs while letting facilities rot is not a solution, it is a shell game that puts our students and teachers in unsafe or outdated environments. 

After the outright theft of the PFD, the Legislature’s approach favored so-called “maintenance-level budgeting” and avoided Constitutional Budget Reserve Fund draws, which require a three-fourths vote. In doing so, they left over $3 billion in community capital project requests unfunded. That is not balanced budgeting, it is deferred obligation.

There is a popular narrative circulating that paints a misleading picture of the governor’s recent veto of $52 million in state transportation match funding. Critics argue that this decision jeopardizes up to $500 million in federal infrastructure dollars and causes projects to stall, jobs to be lost, and economic momentum to falter. What that argument completely ignores is the reality of how our budget process works.

The governor used vetoes as a fiscal management tool in a system where budget inflation is routine. Some items do come back in supplemental budget requests, but that is not hypocrisy, it’s fiscally responsible governance in a state with wildly fluctuating revenues and real checks and balances.

More importantly, the outcry over the match veto conveniently ignores the fact that the Legislature had the power to fully fund that match upfront but chose instead to spread funding thin across operating programs and politically expedient projects. The match was not vetoed because it lacked merit, it was vetoed because the budget, as passed, overextended the state’s core funding capacity without regard for prioritization.

Now we hear that, without restoration, the Department of Transportation must revise its project schedule. That is not surprising. But it’s also not an indictment of the governor, it is a direct result of a Legislature that refused to follow the constitutional requirement to fund capital needs at one-third of spending. You cannot underfund the capital budget, ignore the constitutional mandate, then feign outrage when hard choices are made to bring things back into balance.

Capital budgeting must come first, not last, in our deliberations. Infrastructure investment is not optional, and it should not be traded away for temporary political gains. We cannot rely solely on oil revenue or federal handouts. Senate Joint Resolution 19 rightly calls for the 90/10 revenue split on federal lands, resources that belong to Alaskans and should be used for Alaskans.

Matching federal funds is smart fiscal policy, but only when we have a stable foundation. Budgeting match money should not come at the expense of constitutional compliance or critical needs elsewhere. We must integrate federal matches into a broader capital strategy, not treat them as afterthoughts or political footballs.

The Legislature should adopt internal safeguards that flag when the capital budget falls below one-third of allowable spending. Compliance with the Constitution should not be optional, or subject to political mood swings. The FY25 capital budget passed by the Legislature falls short of both our infrastructure needs and our constitutional responsibilities. Blaming the governor’s vetoes or trying to score political points with selective outrage misses the target. The real issue is legislative failure to prioritize capital investment in a meaningful, constitutionally compliant way.

This should not be about finger-pointing, or just beating up on the person with the last stage of fiscal restraint; it should be about fixing the broken process that allows these failures to recur year after year. The people of Alaska deserve infrastructure that works, roads that connect, schools that endure, and, most importantly, a legislature that obeys its own Constitution. Anything less is not just mismanagement; it is malpractice. Let us do better. Let us lead with principle, not politics. Let’s fund the Alaska our Constitution envisioned.

Kevin McCabe represents Big Lake in the Alaska Legislature.

Congressman Nick Begich’s first two bills clear Senate

Alaska Congressman Nick Begich has secured his first two legislative victories in Congress, as the US Senate passed both of his introduced bills, sending them to President Donald Trump’s desk for signature.

House Resolution 42, the Alaska Native Settlement Trust Eligibility Act of 2025, and House Resolution 43, the Alaska Native Village Municipal Lands Restoration Act of 2025, passed the House in early February with broad bipartisan support under a suspension of the rules. The Senate gave its approval to the measures on Wednesday, marking a milestone in Begich’s freshman term in the U.S. House.

Begich has been in office for just five months and 15 days and has many other pieces of legislation in the queue.

HR 42 amends federal law to ensure that certain payments made to Alaska Natives — specifically elderly, visually impaired, or disabled individuals — through Alaska Native Corporation settlement trusts are not counted against their eligibility for needs-based federal assistance programs.

The bill addresses a longstanding disparity that treated these trust distributions differently from other forms of Alaska Native Corporation shareholder benefits. By aligning settlement trust payments with existing exclusions in federal benefit determinations, the bill ensures that vulnerable Alaska Natives can receive both their rightful distributions and critical safety-net benefits.

HR 43 makes key amendments to the Alaska Native Claims Settlement Act, specifically focusing on land conveyed by village corporations to the State of Alaska under a trust arrangement for future municipal governments.

Under the new provisions:

  • Village corporations will no longer be required to convey land to the state for future municipal governments.
  • Villages that previously conveyed land in trust may regain title by dissolving the trust through formal resolutions from both the village corporation and residents.
  • The bill retroactively ensures that no further land conveyances are required from the date of enactment forward.

The legislation gives Alaska Native communities greater control over their lands and clarifies ambiguities that have persisted since the passage of ANCSA in 1971.

With both bills now approved by the Senate, Begich becomes one of the first members of the 119th Congress to see original legislation advance to the president’s desk. The twin bills, which address issues important to Alaska Natives and their corporations, reflect the congressman’s early focus on tribal and rural matters.

These were two early bills that Begich identified as having strong potential for bipartisan support. They were also measures previously introduced by the late Congressman Don Young, who was unable to move them forward before his passing.

So far, only one other freshman member of Congress has successfully advanced a bill this year.

With these two measures, Begich’s legislation accounts for the 19th and 20th House bills to have passed both chambers and head to the president’s desk—meaning that 10% of all passed legislation in this Congress has come from Alaska’s congressman.

Passings: Former Rep. Clark Gruening, grandson of Gov. Ernest Gruening

Former Alaska State Rep. Clark Gruening, whose political and civic legacy traced back to the roots of Alaska’s territorial era and statehood movement, died June 17, 2025, at the Juneau Pioneers Home. He was 82.

Gruening was born March 28, 1943, into a family deeply intertwined with Alaska’s political heritage. He was the grandson of Ernest Gruening, the former Territorial Governor and US Senator who was one of the most prominent advocates for Alaska statehood. His father, Huntington Sanders “Hunt” Gruening, was a commercial airline pilot and aviation executive who also served on the inaugural City and Borough of Juneau Assembly.

Raised in Juneau, Clark Gruening graduated from Juneau-Douglas High School in 1961. He earned a bachelor’s degree in political science from the University of Oregon in 1965 and a law degree from George Washington University in 1969 before returning to Alaska to practice law.

He entered public service in the 1970s and was elected to the Alaska House of Representatives in 1974, serving two terms. During his time in the Legislature, Gruening played a key role in negotiations and legislation that laid the groundwork for the establishment of the Alaska Permanent Fund, a defining feature of the state’s fiscal structure. He had a unique ability to work across the aisle with Republicans.

In 1980, Gruening made national headlines when he defeated incumbent US Sen. Mike Gravel in the Democratic primary — a reversal of history, as Gravel had unseated Gruening’s grandfather in the same race 12 years earlier. Gruening went on to lose the general election to Republican Frank Murkowski.

Although he never returned to elected office, Gruening remained active in Alaska’s legal, civic, and philanthropic life. He contributed his time and leadership to numerous organizations, including the Juneau Community Foundation, the Foraker Group, Southeast Alaska Independent Living, and Outdoor Recreation Community Access.

In recognition of his decades of service to the state and its people, the University of Alaska Southeast awarded Gruening an Honorary Doctorate of Laws in 2020.

He is survived by his wife, Rosemary; sons Nathan (Selena) and Matthew; brothers Win (Anne) and Brad (Bonnie), all of Juneau; brother Peter Gruening; and sisters Kimberley (Steve) and Tiffany, all of Washington State.

Gov. Mike Dunleavy posted a statement: “Rose and I are saddened by the passing of Clark Gruening. He came from a long legacy of public service and devoted much of his life to Alaska’s future. We extend our deepest sympathies to his family and all who knew him.”

Funeral arrangements will be announced by the family at a later date. Governor Dunleavy will order flags to be flown at half-staff in honor of Clark Gruening on a date to be determined in accordance with the family’s wishes.

Kenai on the move: GOP grassroots move to censure Sen. Bjorkman over Democrat-led caucus enabling

Kenai Sen. Jesse Bjorkman is facing formal censure proceedings from Republican Party leaders in his district over his decision to join a Democrat-led majority coalition in the State Senate — a move that local GOP leadership says violates party rules.

In a letter dated June 16, the chairs of Alaska Republican Party Districts 7 and 8 informed Bjorkman that their respective committees had voted unanimously to advance formal complaints filed by registered Republicans in his district.

The six signers, three from each district, accused Bjorkman of violating Article 7 of the Alaska Republican Party rules, specifically Section 1(e), which prohibits forming or joining a majority caucus in which non-Republicans make up one-third or more of the membership.

“Due to your joining, thereby enabling the Senate Democrat-led majority Caucus, both District Committees of Senate District D have voted unanimously to censure you for failing to adhere to our written rules,” the letter stated.

The document, signed by District 8 Chair Robert Wall and District 7 Chair Jeanne Reveal, notified Bjorkman that the party is initiating a formal disciplinary process and is providing him with at least 15 days’ notice to respond and appear before the committees.

The hearing date is July 3 at 5 pm at Paradiso’s Restaurant in Kenai. A Zoom link will also be provided to the senator, should he choose to attend remotely.

The party leaders emphasized that all required documentation — including the minutes from the district meetings, the signed complaints, and the formal notice — will be served to Bjorkman’s office in person, by registered mail, and via email.

Under party rules, censures can be initiated by district committees when an elected Republican official is alleged to have violated principles or operational guidelines laid out in the party’s bylaws. While a censure carries no legal penalty, it can be a significant political rebuke and may affect future support from the party organization.

Sen. Bjorkman, who was re-elected in 2024 to represent Senate District D, has not yet publicly responded to the allegations or the invitation to defend himself before the district committees. His current term ends on Jan. 16, 2029.

This development underscores ongoing tensions over members of the Republican Party enabling Democrats to effectively control both bodies of the Legislature, particularly in the Senate, where power-sharing arrangements with Democrats have caused friction between moderate lawmakers and a now-marginalized Republican minority.

Other Republican collaborators in the Senate include Kelly Merrick of Eagle River, Gary Stevens of Kodiak, Bert Stedman of Sitka, and Cathy Giessel of Anchorage.

Xunaa Borough election paused by court

The proposed incorporation of the Xunaa Borough, centered in the city of Hoonah in northern Southeast Alaska, is on indefinite hold following a Superior Court order halting the election process while an appeal is underway.

On Monday, the Alaska Division of Elections confirmed it had received official notification to pause all activity related to the Xunaa Borough incorporation election, originally scheduled for July 15.

The notification follows a June 13 order issued by Superior Court Judge Larry Woolford in the case City of Pelican, et al. v. Local Boundary Commission, placing a stay on the decision by the Local Boundary Commission to approve the borough’s formation.

The court’s stay prohibits the LBC and any agencies acting on its behalf from taking additional steps toward forming the new borough while the legal challenge proceeds. However, the order does not restrict the City of Hoonah, a key proponent of the borough, from continuing its own preparations for potential incorporation, in the event they can prevail in their quest to create a new entity.

The appeal, filed in April 2025 by the communities of Pelican, Tenakee Springs, Gustavus, and Elfin Cove, argues that the LBC’s approval process was flawed. The appellants cite alleged procedural errors and say their communities were excluded from regional decision-making that would significantly affect them.

No ballots had been issued before the court’s stay was granted, and the election is now paused indefinitely. The timeline for resolving the appeal remains uncertain, and no new actions have been reported since the judge’s order.

Bear cam is back: Watch live as Alaska’s brown bears feast on salmon live from Katmai

The world-famous bear cam livestream returns to Katmai National Park and Preserve for its 13th season on Tuesday, June 18. At 12 pm Alaska Daylight Time, eight high-definition cameras will go live, offering wildlife enthusiasts around the globe a front-row seat to the drama and beauty of Katmai brown bears in their natural habitat.

The link to the cam: https://explore.org/livecams/brown-bears/brown-bear-salmon-cam-brooks-falls

Each season, dozens of brown bears arrive at Brooks Falls in late June, coinciding with the start of the annual salmon run. The bears can be seen jostling for position on the falls, sometimes standing in the rushing water for hours to catch their slippery meals. A single bear can catch and eat more than 30 salmon in one day.

Established in 2012 by Explore.org, the livestream has become one of the internet’s most beloved wildlife events, drawing millions of viewers each summer. The cameras are strategically placed along the Brooks River and at Brooks Falls, where brown bears congregate to fish for salmon swimming upstream.

While July and September are the most active months on the bear cams, viewers can tune in all season long to observe a range of wildlife, or just listen to the water and hear the seagulls as a backdrop to any activity. In addition to bears, the cameras often capture bald eagles, gulls, and even the occasional wolf passing through.

As summer progresses, bears grow fatter and activity shifts. By September and October, when the salmon begin to spawn and die, the action moves downstream to the lower Brooks River, where bears scavenge for the spawned-out carcasses near the river’s mouth.

Because brown bears are diurnal, the best viewing times are during daylight hours.

Breaking: Supreme Court rules states can curb the medical transgendering of kids

In a 6-3 decision on Wednesday, the US Supreme Court sided with Tennessee’s law that bans medical treatments for minors whose parents are seeking gender transitions. The court said that such laws do not automatically violate the Constitution’s Equal Protection Clause.

Authored by Chief Justice John G. Roberts, the ruling is a major legal victory for states pursuing limits on youth gender transitions. It affirms Tennessee’s Senate Bill 1 law, which bars medical professionals from providing puberty blockers, cross-sex hormones, and surgeries to minors for the purpose of gender transition.

“The voices in these debates raise sincere concerns; the implications for all are profound,” Roberts wrote. “The Equal Protection Clause does not resolve these disagreements.” The opinion emphasized the need for “legislative flexibility” as states navigate complex questions around medicine, ethics, and identity.

The decision affirms that laws related to transgender individuals do not inherently trigger heightened scrutiny under the Equal Protection Clause, offering states broader authority to regulate treatments as the debate over gender-affirming care continues to evolve.

Alabama had filed an amicus brief that questioned the medical consensus on “gender-affirming care,” led by Attorney General Steve Marshall. Twenty-four states total have enacted restrictions on gender-affirming care for minors, such as bans on puberty blockers or hormone therapy. These include states like Idaho, Indiana, Kentucky, and Missouri, among others. Alaska has no such ban and has a legislature that has refused to take up legislation.

Rep. Jamie Allard (R-Eagle River) has been a key legislator championing restrictions on gender-affirming care and related transgender issues for minors. In early 2024, she introduced a bill aimed at holding medical professionals legally accountable for performing gender transition treatments on minors, but the bill only received one hearing in the House Judiciary Committee and did not advance further due to insufficient Republican and Democrat support. 

Alaska Democrat Sen. Loki Tobin

The high court’s three liberal justices dissented from today’s ruling, led by Justice Sonia Sotomayor.

“By retreating from meaningful judicial review exactly where it matters most, the Court abandons transgender children and their families to political whims,” Sotomayor wrote. She believes gender identity is closely tied to sex and therefore should receive the same constitutional protections under the Equal Protection Clause.

Tennessee’s law, enacted in 2023, was one of the first in the nation to bar minors from receiving hormone-related treatments for gender transition. Supporters argue it protects vulnerable youth from irreversible medical interventions and the influence of profit-driven medical practices.

Trump Administration releases proposal to unleash 82% of Alaska’s Petroleum Reserve for drilling

The US Department of the Interior today unveiled a draft proposal that would reopen the vast majority of the National Petroleum Reserve in Alaska (NPR-A) to oil and gas development, in a significant move aimed at boosting domestic energy production.

The draft environmental analysis, released for public review and comment, recommends the selection of a new alternative based on the Trump administration’s 2020 Integrated Activity Plan. If adopted, it would open up to 82% of the 23-million-acre reserve, an area roughly the size of Indiana, for leasing, exploration, and development.

The plan aligns with President Donald Trump’s Executive Order 14153 and Secretary’s Order 3422, both of which direct the Department to maximize use of Alaska’s energy resources to enhance American energy and economic security.

“This plan is about creating more jobs for Americans, reducing our dependence on foreign oil and tapping into the immense energy resources the National Petroleum Reserve was created to deliver,” said Acting Assistant Secretary for Land and Minerals Management Adam Suess. “Under President Trump’s leadership, we’re cutting red tape and restoring commonsense policies that ensure responsible development and good stewardship of our public lands.”

Gov. Mike Dunleavy said it’s about more than opportunity and national security for Alaska and the country: “The world wants energy. They’re going to get it from somewhere. Best to get it from Alaska, where we can protect the environment, create great jobs and enhance our national security. Thank you, President Trump!” he said.

Originally designated for petroleum exploration in the wake of the 1970s energy crisis, the reserve remains a strategic national asset. The Bureau of Land Management oversees the area under the Naval Petroleum Reserves Production Act, which requires a competitive leasing program that also considers surface protections.

Sen. Dan Sullivan was encouraged by the news: “Secretary Burgum recently announced at a town hall we held in Utqiagvik that he will rescind the Biden administration’s illegal rule that locked up vast swaths of the NPR-A,” Sullivan said. “The announcement was roundly met with cheers from Alaskans of the North Slope. Today, the Secretary took another important step, building upon the First Trump Administration’s leasing plan, by proposing to reopen up to 82 percent of the NPR-A—probably the hottest oil play in the world—for responsible resource development. This is exciting news not only for the people of the North Slope, but for the state of Alaska and for the country. Between Republicans in Congress on the cusp of passing the budget reconciliation bill with significant provisions for Alaska resource development, and a White House laser focused on unleashing our potential, our state is on the verge of an unprecedented energy renaissance.”

The draft analysis reflects updated environmental and industry data, and supports rescinding a 2024 rule that had curtailed leasing opportunities in the reserve. That rule, introduced under the Biden administration, had placed restrictions on leasing across large portions of the reserve to address environmental and climate concerns.

The BLM is now seeking public input on the proposal, which could shape the final update to the Integrated Activity Plan governing future activity in the reserve. The public comment period is open through July 1, 2025, and comments can be submitted through the BLM’s National NEPA Register by selecting the “Participate Now” option.

Congressman Nick Begich praised the move: “The road to American energy, security, national security, and economic security begins in Alaska. The Trump administration has made it clear from day one: we must unleash the full potential of American resources,” he said. “The proposed lease sale in the National Petroleum Reserve is a step toward economic independence for Alaskans, energy security for America, and utilizes America’s balance sheet to reduce the deficit while growing the economy. Under Biden we had obstruction, but under President Donald J. Trump we have production. It’s welcomed news from the nation’s capital: we finally have the support we need to unlock Alaska!”

This development marks another step in the Trump administration’s broader push to revive domestic energy production and dismantle regulations it considers obstacles to energy independence.