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Thursday, February 28, 2013

Only One Justice Dissented on the Merits of the Two-Thirds Supermajority Requirement

Posted by on Thu, Feb 28, 2013 at 11:46 AM

Although our state Supreme Court justices today invalidated Washington's two-thirds supermajority requirement by only a 6-3 margin, it is important to note that there was only one justice who dissented on the merits of the underlying issue.

The main dissent, authored by Justice Charles Johnson, and joined by Justices Debra Stephens and Jim Johnson, focuses entirely on justiciability:

The majority hardly recognizes, let alone analyzes, that this court has been repeatedly asked to step in and decide this issue, and we have consistently held and rejected that invitation.

The dissent goes on for nine more pages, but their basic argument is: "What's changed? Fuck all, that's what!" Though not exactly in those words.

The majority responds by pointing out the absurdity of accepting the state's position that the supermajority requirement would only be justiciable if the legislature chose to ignore it:

Given that the legislator respondents cannot ignore the Supermajority Requirement without violating their obligation to uphold the laws of the state, the State's position would render the Supermajority Requirement unreviewable and is therefore unacceptable.

Damn straight. The notion that the constitutionality of a statute can only be justiciable in its violation is a recipe for undermining the rule of law.

In a separate dissent, Justice Jim Johnson does object to the majority opinion based on the merits, but Johnson's dissent reads like a Tea Party pamphlet, so it's really hard to make heads or tails of his arguments. Something about property rights and the The Federalist Papers. Or something. Regardless, that leaves only one out of nine justices on the record arguing that the supermajority requirement is constitutional on its merits. And that one justice is more than a little bit crazy. Which kinda tells you how weak the constitutional argument really is.

 

Comments (5) RSS

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TheMisanthrope 1
So, when are you going to start asking the senators what their plans are? Are you going to criticize them for attempting to pass regressive taxes, or are we still going with the any taxes are good taxes meme that has fucked over the poor in this state for so long?
Posted by TheMisanthrope on February 28, 2013 at 11:56 AM
2
Does this mean Tim Eyman will finally shut the fuck up?

I don't think so either, but I can hope.
Posted by TechBear on February 28, 2013 at 12:19 PM
Goldy 3
@2 No, Tim Eyman will not shut the fuck up. In fact, he's never really been too concerned over whether his initiatives were constitutional or not.
Posted by Goldy on February 28, 2013 at 12:20 PM
4
while the outcome and vote on the 2/3 issue is good news, it's fundamentally wrong to characterize the dissent's position on justiciability as absurd. very wrong. because the legislators don't have to ignore the law to create a real controversy because things that are not unconstitutional ARE NOT LAW AT ALL and so it's not disobeying the oath of office to ignore it. they SHOULD have ignored the eyman measure as they swore to uphold the constitution. if tim eyman gets a measure passed undoing the 15th amdment, that's illegal right? but it's right ther ein state "law" so the argument would be our state senators have to obery that? what the flying fuck? without getting into godwin land let me just say the defense that "someone is caling this a law I have to obey" is almost never a defense, and we should not treat it as one. morally and legally, for years, democrats and others violated the constitution by treating the 2/3 thing as law -- it wasn't law, it was unconstitutional there are no laws that are both law and unconstitutional, capisce?
Posted by um... on February 28, 2013 at 1:43 PM
5
@4, the unconstitutionality of a law is determined by a court opinion, capisce? Until that happens, it's just your opinion.

Which is pretty difficult to read, since you don't use paragraphs, nor do you make sense.
Posted by sarah70 on February 28, 2013 at 5:58 PM

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