Two native Idahoans were featured in news stories during June–one received plaudits upon his departure from this mortal world, the other demonstrated her legal prowess on the national stage. The sad news was the passing of John Peavey, a former state senator who had a substantial impact on Idaho’s environment, water policy and political campaign transparency. The happier news was the impact that Elizabeth Barchas Prelogar has had on cases affecting the rights of women in Idaho and across the nation.
John Peavey, who passed away on June 16, will be remembered for his many contributions to public policy issues in the Gem State, including voter approval of Idaho’s Sunshine Initiative, requiring the reporting of campaign financing. But, another of his major accomplishments was lighting the fuse that forced the state to take action to improve the administration of its water resources to meet the demands of the future.
Peavey and others filed legal proceedings against Idaho Power Company in the late 1970s, claiming the company was failing to protect its water rights on the Snake River to the detriment of electric ratepayers. That sparked one of the largest water fights in state history, often referred to as the Swan Falls water fight, which was not fully resolved until the late 1980s and which resulted in the adjudication of Snake River water rights in southern Idaho.
Former Governor John Evans and I worked in tandem against the power company forces during that fight to protect the State’s control of Snake River waters. It would take a 376-page book to describe the struggle and that’s why I wrote A Little Dam Problem, which explains it in detail. During the course of the fight, the Governor and I were often critical of Peavey for lighting the match that got it started. In retrospect, it is clear that he did us all a big favor. Several years ago, when speaking about my book at a Hailey Rotary Club meeting, I told John that he deserved great credit for focusing attention on the need for action. It was only because Peavey got the ball rolling, that the State modernized its water law and protected that valuable resource for future generations.
The other distinguished Idahoan in the news was Elizabeth Barchas Prelogar, one of the most important legal figures in the United States. Most Idahoans do not know that the Solicitor General of the United States was born, raised and educated in Boise, Idaho. Nor do they realize that she bested the Idaho Attorney General (AG) in two important abortion-related cases decided by the US Supreme Court (SCOTUS) in June.
The AG was able to convince the high court in January to temporarily prohibit Idaho doctors from providing care for pregnant women who come to the emergency room with dangerous complications. Under Idaho’s total abortion ban, doctors cannot provide emergency care until the pregnant woman is on death’s doorstep. A federal law required doctors to provide stabilizing care, including abortion, to protect the health of the mother. The AG repeatedly made the false claim that Idaho’s law was exactly the same as the federal law.
When the case was argued before SCOTUS in April, Solicitor General Prelogar was able to convince Justice Amy Coney Barrett and other members of the Court that the AG’s position was a misrepresentation. The Court decided in Prelogar’s favor last month, allowing emergency room care for Idaho’s pregnant women.
Prelogar was also able to convince SCOTUS to dismiss another case that Idaho and other red-state AGs were supporting to ban Mifepristone, a medication used to end an early pregnancy. She pointed out that the doctors who brought the case did not have “standing” (the requisite legal basis) to pursue the case and that studies claiming the medication was dangerous were manipulated and unreliable. SCOTUS tossed out the case for lack of standing in June, much to the chagrin of the state AGs.
Those who are knowledgeable in legal circles regard Idaho’s Elizabeth Prelogar as one of the best Solicitor Generals ever, a supreme advocate. She certainly has a bright future ahead of her, perhaps as a member of SCOTUS.
Idaho has produced some remarkable leaders. As we bid eternal rest to that influential rancher and politician, John Thomas Peavey, we wish ever greater success to Elizabeth Barchas Prelogar, our Idaho-grown legal star who represents the entire federal government before the nation’s highest court.
