Fremont County Sen. Cale Case Urges Colleagues Not To Have Special Session

Longtime Sen. Cale Case, R-Lander, sent out a document over the weekend to his fellow legislators, detailing why the upcoming legislative special session on President Biden's vaccine mandate is a bad idea.

Ellen Fike

October 25, 20214 min read

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(Cowboy State Daily Staff)

Longtime Sen. Cale Case, R-Lander, sent out a document over the weekend to his fellow legislators explaining why he believes the Legislature’s upcoming special session is a bad idea.

Case sent his colleagues a “white paper,” an informational document detailing the philosophy and guidance of a complex issue. The document was initially written by Equality State Policy Center executive director Chris Merrill in December, but he and Case revised it to apply to the session.

In the paper, Case explains why he believes it is a bad idea for the House and Senate to consider the same bills at the same time in a “mirror” arrangement. Usually, a bill is reviewed by one chamber and, if approved, sent to the other for review.

“We have two houses for a reason,” Case wrote. “Mirror bills and expedited scheduling defeats bicameralism at least in part because the reviews are not independent as they are both at the same time or in the same ‘passion.'”

The Legislature is to begin a three-day special session on Tuesday to formulate the state’s response to President Joe Biden’s mandate that federal workers, health care employees and employees at companies employing more than 100 people receive the coronavirus vaccine or be tested regularly for the illness.

The Biden administration has not yet issued the rules that will be required to put the mandate into effect.

In his email to his fellow legislators on Saturday, Cale noted that he has served as the Senate chairman of the Select Committee on Legislative Process for a number of years and in that role, he and the committee have worked hard to improve transparency and public access to the legislative process.

“The rules proposed for the Special Session are a step backward,” Case wrote in the email. “I encourage you to vote no on the proposed rules and conduct all our work with maximum transparency and opportunity for public education and participation.”

Should a majority of the legislators vote “no” on the proposed rules, the special session will be adjourned on Tuesday or lawmakers will have to abide by the rules for a regular legislative session.

Thirty-five Wyoming representatives and 17 senators voted in favor of holding a special session, while 12 representatives and seven senators voted against holding one. Case was one of the senators who voted against the session.

In the document, Case and Merill detail how the traditional legislative process upholds the spirit and intent of the Wyoming Constitution and fulfills the vision of the Founding Fathers.

“The ‘mirror bill’ process—even in the best of circumstances and with the best of intentions—does not,” Case and Merill wrote. “It is a deeply flawed, inferior approach to lawmaking that undermines the wisdom and intent of a bicameral legislature. It compresses the timeline for deliberations, eliminates the one-chamber-at-a-time principle, eliminates the key ‘crossover’ moment (which allows for a fresh infusion of public input and new information), and severely limits—even eliminates at key points—public input and involvement.”

Case told Cowboy State Daily last week that he felt the special session was a bad idea.

“I don’t agree with the federal mandates on employers and I want to be clear about that,” Case said. “But I don’t see a legislative path to fix that.”

An op-ed published Monday and penned by various non-partisan officials from across the state also objected to the session.

“This is not about whether or not you support mandates,” the opinion piece said. “Regardless of your position on vaccinations or masks, fast-tracking legislation undermines the deliberative process that is the hallmark of good lawmaking.”

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Ellen Fike