The caucus, formed last month, is not partisan, Wimmer said, and would welcome Democrats if they also want states' rights. The caucus understands that such laws, if passed by the Utah Legislature and signed by the governor, would be tested in federal court.

In fact, part of the strategy is to get similar laws passed in different parts of the country. And as those laws are challenged in federal circuit appeals courts, the U.S. Supreme Court would be more inclined to take up those cases.

It is a process, not depending on one single law in one state, caucus members said.

House Majority Leader Kevin Garn, R-Layton, said GOP leadership has not sat down with the caucus members to discuss how many, or what kind, of states' rights bills may be coming in January's general session.

"We would like to see whatever happens to occur within the body of our whole Republican caucus," said Garn. "We look forward to those discussions."

Part of that debate could be how much the state, strapped for money, would spend on federal appeals and how Utah would look in the eyes of other Americans.

Wimmer said: "Look at health care. Some say socialized medicine may be OK for Massachusetts. But not here. There's no reason these kinds of these decisions can't be made in the states, not in Congress."

E-MAIL: bbjr@desnews.com