Federal Court Rules Government Unlawfully Denied GCU Nonprofit Status

Federal Court Rules Government Unlawfully Denied GCU Nonprofit Status

By Staff Reporter |

The federal government unlawfully denied Grand Canyon University (GCU) its nonprofit status, per a new federal court ruling.

Last week, the Ninth Circuit Court of Appeals ruled in Grand Canyon University v. Miguel Cardona that the U.S. Department of Education (ED) was wrong to refuse the Christian university their nonprofit status.

Circuit Judge Daniel Collins reversed the summary judgment by District Court Judge Susan Bolton favoring ED. Collins remanded GCU’s nonprofit status back to ED for review. 

ED had determined that GCU’s organizing documents satisfied the IRS organizational test’s requirements; however, ED denied GCU when it came to the operational test. ED determined that GCU’s primary activities and its stream of revenue both didn’t benefit the university. Collins disagreed. 

Collins ruled that ED had invoked the wrong legal standards, going beyond the Higher Education Act (HEA) requirements to impose exceeding IRS regulations. Rather, Collins ruled that HEA standards only require ED to determine whether GCU was owned and operated by a nonprofit corporation and whether GCU satisfied the no-inurement requirement. 

“The Department invoked the wrong legal standards by relying on IRS regulations that impose requirements that go well beyond the HEA’s requirements and instead implement a portion of § 501(c)(3) that has no counterpart in the definition of the term ‘nonprofit’ set forth in HEA § 103(13),” ruled Collins. 

The inurement requirement allows nonprofits to buy from for-profit companies at fair market value.

GCU has been battling with ED over its nonprofit status since 2019, when ED denied the IRS status granted to GCU. GCU had historically been a nonprofit school, save a stint in the early 2000s when the university went for-profit to avoid bankruptcy.

After GCU sued ED in 2021 over the denial, ED launched a coordinated investigation with the Federal Trade Commission and Department of Veterans Affairs for unfair or deceptive practices. 

Last year, ED levied a $38 million fine against GCU. 

GCU maintained that ED targeted them over their ideological differences, since they are a Christian university. 

Bob Romantic, GCU executive director of the office of communications and public relations, said in a press release that the nonprofit status would allow GCU to thrive more than it has been able to under a for-profit status. 

“While the university remains exceedingly proud of what it achieved during its short stint as a for-profit institution, building up GCU from the brink of bankruptcy into the largest Christian university in the country, nonprofit status best allows the university to accomplish its goals around research, grant writing, development, being full members of the NCAA, etc.,” said Romantic. “Today’s decision is a long-awaited correction to the Department’s unlawful application of a standard that improperly denied GCU of its nonprofit status, and we are hopeful for a quick affirmation of the university as a nonprofit institution.”

President-elect Donald Trump pledged to dismantle ED “very early” in his administration in a campaign video last year, citing America’s high spending and poor student outcomes compared to other nations.

“[We’re] sending all education and education work and needs back to the states. We want them to run the education of our children, because they’ll do a much better job of it. You can’t do worse,” said Trump. “We’re going to end education coming out of Washington, D.C., we’re going to close it up, all those buildings all over the place, and yeah people that, in many cases, hate our children. We’re going to send it all back to the states.” 

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Arizona Schools To Get 16K Overdose Kits

Arizona Schools To Get 16K Overdose Kits

By Staff Reporter |

Arizona schools will be receiving a supply of overdose kits to address the increased impact of drugs on students. 

The Arizona Department of Emergency & Military Affairs (DEMA) began delivering over 16,000 Narcan anti-overdose kits to schools on Wednesday. The Arizona Department of Education (AZED) oversaw the initial deliveries across all 15 counties. 

In a press release, Superintendent Tom Horne said these kits were a lifesaving preventative to the increased presence of illicit substances in the state. 

“Lives will be saved because these kits will be in schools throughout Arizona,” said Horne. “The STOP-IT Task Force has done incredible work to address the Fentanyl crisis among school-aged children and this is a major step to protecting the lives of students and raising awareness of this terrible scourge.”

The Narcan kit deliveries are part of AZED’s Overdose Preparedness & Intelligence Taskforce (STOP-IT), a new task force established this year to address the growing opioid epidemic. The idea for placing kits in schools came out of a meeting back in May. 

The Arizona Department of Health Services (AZDHS) provided the Narcan kits at no cost to the state, and the Arizona Health Care Cost Containment System (AHCCCS) will provide training. 

The kits come with flyers on training resources, information on county health agency partners, an announcement of an upcoming comprehensive STOP-IT Toolkit release, and a QR code taking the user to real-time training on Naloxone Resources from AHCCCS.

STOP-IT co-chairs are Holly Geyer from the Mayo Clinic and Mike Kurtenbach with AZED, leading over 60 representatives across various government agencies, schools, healthcare entities, law enforcement, and other organizations. 

Geyer credited the initiative’s success to the collaborative strengths of Arizona agencies in Thursday’s press release. 

“The STOP-IT naloxone distribution initiative could not have materialized without the unprecedented collaboration between the Department of Education, the Department of Health, AHCCCS and the National Guard,” said Geyer. “The representatives appointed through these agencies proved themselves strategic problem solvers who prioritized the mission and produced outcomes that far exceeded the taskforce’s original targets.  Because of their resolve, we are proud to offer schools more than just naloxone. We can offer confidence in the safety of our school campuses and parental peace of mind.”

DEMA director Kerry Muehlenbeck said that their team’s logistical support for tackling drug overdose incidents ensured a better approach to their ultimate goal of reducing drug demand.

“Through this multi-agency initiative, we build stronger communities and support wellness in our future generations,” said Muehlenbeck. 

Schools signed up for Narcan kits through the AZED’s online form, with the permission of their district or charter approval first. Further information about the kit distribution and application was submitted in a memo sent to schools across the state last month.

Per AZED, these overdose kits will be continually replenished to ensure schools’ continued ability to handle opioid emergencies. 

Arizona reported over 1,900 opioid-related deaths and over 4,000 overdoses last year. 26 of those opioid-related deaths were among minors (those under the age of 17).

So far this year, AZDHS has recorded over 3,200 non-fatal opioid overdoses and over 1,000 confirmed opioid deaths. The total deaths among minors for this year amount to less than 10.

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Arizona Democratic Party Blames Top Democrats For Election Losses

Arizona Democratic Party Blames Top Democrats For Election Losses

By Staff Reporter |

The Arizona Democratic Party (ADP) indicated that top Democratic leaders were to blame for their party’s massive election losses at the state and federal levels. 

In a statement from Arizona Democratic Legislative Campaign Committee (ADLCC) reposted by ADP, executive director Elsa O’Callaghan said that “down-the-ballot Democrats” in Arizona and across the nation were unable to overcome “top-of-the-ticket” troubles. O’Callaghan didn’t specify what those troubles were or who was behind them.

“We are deeply grateful for the candidates who put their lives on hold and stepped up to run, the staff who gave it their all, and the supporters who donated their time and money to protect Arizona’s future. Final results are now tallied and Arizona’s legislative chambers will remain in Republican control. Across the country, down-ballot Democrats worked tirelessly to combat top-of-the-ticket trends. It is now clear that those trends proved to be insurmountable. Too much is at stake to abandon our mission — especially with an extreme presidential administration coming into power. The work continues.”

Donald Trump won Arizona by over 52 percent of the vote (1.7 million votes), where Kamala Harris gained over 46 percent of the vote (1.5 million votes) — a difference of nearly 187,000 votes among 3.2 million voters. Comparatively, Joe Biden won by .3 percent of the vote back in 2020, a difference of just over 10,400 votes among 3.3 million voters. 

Arizona Republicans flipped a net total of three seats in the state legislature: one in the senate and three in the house (and the loss of one other seat). That grew the Republican majority to 17 in the Senate and 33 in the House.

In the Senate, Republicans flipped one seat: LD4, with Republican challenger Carine Werner ousting incumbent Democrat Christine Marsh by 52 percent of the vote (over 5,400 votes).

In the House, Republicans flipped three seats: LD4, with Republicans Pamela Carter and Matt Gress securing both seats; LD13, with Republicans Jeff Weninger and Julie Willoughby securing both seats; LD16, with Republicans Teresa Martinez and Chris Lopez securing both seats.

Democrats flipped one seat in the House: LD17, ousting Republican Cory McGarr for Democrat Kevin Volk while Rachel Jones retained her seat. 

Arizona Democrats failed to flip any congressional seats. They also failed to win the hotly-contested District 6 seat held by incumbent Juan Ciscomani.

Democrats did successfully win the open Senate seat left by independent Kyrsten Sinema. Democrat Ruben Gallego emerged victorious over Republican Kari Lake, winning 50 percent of the vote over Lake’s 47 percent.

Although Democrats fell short of securing the Arizona legislature, they did see a certain win with a significant ballot reform. 

Arizonans approved a constitutional right to abortion up to birth: 62 percent were in favor (1.9 million voters) versus 38 percent against (1.2 million voters). 

However, Arizonans also approved a ballot measure to allow police to arrest illegal immigrants entering the U.S — 63 percent (1.9 million) were in favor, while 37 percent (1.1 million) were against. 

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Arizona Supreme Court Rejects 2022 Attorney General Election Challenge

Arizona Supreme Court Rejects 2022 Attorney General Election Challenge

By Staff Reporter |

On Thursday, the Arizona Supreme Court rejected a challenge to the validity of the 2022 attorney general election results. 

Congressman-elect Abraham Hamadeh — formerly Arizona’s Republican attorney general candidate challenging Attorney General Kris Mayes’ 2022 claim to the seat — said in a response to the ruling that the court system had set their challenge up to fail. Hamadeh lost the race by less than 300 votes with thousands of provisional votes not counted. 

“The closest race in Arizona history (280 votes with 9,000 uncounted ballots) was sanctioned, delayed, and now won’t be heard by the Supreme Court even though it’s the only case that has had a split decision at the Court of Appeals,” said Hamadeh.

Hamadeh said that he knew many of the justices involved in his case personally, and that their ambition to advance in their careers had compromised them where it mattered. He noted that he would do the opposite with his newly won seat: champion Arizonans’ interests to “Make America Great Again” in Congress.

“I will never forget when the people were counting on them to deliver justice they remained silent, became controlled opposition, and were complicit in the corruption — their legacy will be remembered as cowards,” said Hamadeh. 

Hamadeh filed his appeal over a year ago, last September. One of the issues that came about in Hamadeh’s attempt to challenge the election was delays to rulings. Provisional votes were discovered late according to response delays from counties. 

Issues argued in court pointed to a significant number of undervotes and misread ballots, a total believed to be, at minimum, hundreds of votes greater than the lead Mayes had on Hamadeh. 

In her time as attorney general, Mayes has focused her office’s energies on the prosecution of those who contested the 2020 election results on behalf of President Donald Trump. Like the attorneys general of other states, she is currently going after the Trump electors for that election. 

Just before Election Day, Mayes also announced that she had tasked her office with investigating Trump over his remarks at a recent rally. 

While in Arizona at an event with personality Tucker Carlson last week, Trump had said that former Congresswoman Liz Cheney wouldn’t be eager to thrust America into another war if she actually fought in one. Trump said that Cheney ought to face down the guns of war before advising the U.S. enter another war. 

“She’s a radical war hawk. Let’s put her with a rifle standing there with nine barrels shooting at her,” said Trump. “Okay, let’s see how she feels about it. You know when the guns are trained on her face — you know, they’re all war hawks when they’re sitting in Washington in a nice building.”

Later, on Truth Social, Trump said that Cheney lacked “the guts” to fight. 

“It’s easy for her to talk, sitting far from where the death scenes take place, but put a gun in her hand, and let her go fight, and she’ll say, ‘No thanks!’” said Trump. 

Vice President Kamala Harris, who Trump defeated in a landslide this week for the 2024 presidency, pushed to have the public believe that Trump should be disqualified from the race over his remarks. 

“This must be disqualifying. Anyone who wants to be president of the United States, who uses that kind of violent rhetoric, is clearly disqualified and unqualified to be president,” said Harris.

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Arizona Senate President Confirms Receiving List Of 218K Voters Registered Without Citizenship Proof

Arizona Senate President Confirms Receiving List Of 218K Voters Registered Without Citizenship Proof

By Staff Reporter |

Senate President Warren Petersen announced on Monday morning that he received the list of 218,000 voters registered without proof of citizenship. 

These 218,000 voters (an increase from the initial estimate of nearly 100,000) had obtained their driver’s licenses prior to the 1996 requirement to apply with proof of citizenship, went on to get a duplicate license, and then registered to vote for the first time or re-registered to vote after 2004. For over 20 years, they were caught up in a compatibility error between the Arizona Department of Transportation (ADOT) and the state’s voter registration system. 

Later in the day, Fontes announced that voters can check whether they’re one of the affected voters through my.arizona.vote

The Arizona Supreme Court ruled in September that these voters caught up in the compatibility error would be allowed to vote the full ballot. America First Legal sued Fontes last month to obtain access to that list of voters. 

“This morning I authorized receipt of those names,” said Petersen. “We will do everything we can to make sure our elections are run with integrity.” 

After Petersen announced receipt of the list, Fontes held a press conference discussing the impact of the court-ordered release. 

“Let me be very clear about that: every single person on that list has sworn under penalty of perjury that they are a U.S. citizen and eligible to vote,” said Fontes. “They’ve done the exact same thing that every other citizen of the United States of America has done. But because here in Arizona we have that extra thing that needs to be done, that extra documented proof of citizenship — that is not required anywhere else in the country — we find ourselves in this quagmire.”

Fontes assured voters that they had the right to not be harassed at their homes or have others demand identification from them. Fontes said that any harassing of the 218,000 voters would be subject to prosecution. 

“If anyone does do this sort of thing, please contact our office or your local law enforcement agency. Voter harassment and intimidation is a violation of the law,” said Fontes. 

Fontes said that his office would be contacting the county recorders about voters on the list within the next few days and week. The secretary of state said that their office would work “later this year” to collect the appropriate documentary proof of citizenship. 

Fontes discouraged the 218,000 voters on the list from contacting their local election officers presently, due to the busy nature of the ongoing election.

“You are under no obligation whatsoever to provide documented proof of citizenship if you’re on this list,” said Fontes. 

Fontes said he is “not happy” with the court order, and blamed the focus on the 218,000 voters on the “lies and conspiracies” by individuals concerned with election integrity, which he characterized as “folks who mean this democracy harm.” 

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.