After nearly eight years of refusing to implement the REAL ID Act of 2005, Utah has flip-flopped and will now participate in the unconstitutional national ID program.
In 2010, Utah Gov. Gary Herbert signed a bill into law prohibiting the state from implementing or participating in the Real ID Act. At the time, the legislature found that the enactment of the Real ID Act:
(a) is inimical to the security and well-being of the people of this state;
(b) will cause unneeded expense and inconvenience to the people of this state; and
(c) was adopted in violation of the principles of federalism contained in the Tenth Amendment to the United States Constitution.
By signing the bill into law, Herbert approved these findings. But judging by his recent actions and those by other elected officials in Utah, something must have changed over the last eight years. What was unconstitutional and unacceptable suddenly became A-OK!
On Dec. 6, Herbert tossed aside his promise to preserve and protect the Constitution and signed a bill (SB3002) repealing the 2010 ban on implementing Real ID. The new law also sets up a process to make the state’s driver’s licenses federally compliant.