BREAKING: Supreme Court rejects Sen. Brown's I-601 challenge
Posted by Mike Reitz - March 05, 2009Sen. Lisa Brown brought lawsuit to invalidate the state's two-thirds vote requirement for tax increases adopted by Initiative 601 in 1993. Sen. Brown filed a writ of mandamus against Lt. Gov. Brad Owen after he declined to pass a tax increase bill that failed to receive the two-thirds vote required for passage. Sen. Brown argued the supermajority vote requirement was unconstitutional under Art. II, Sec. 22 of the Washington Constitution.
The Supreme Court unanimously ruled against Sen. Brown today in an opinion by Justice Mary Fairhurst, saying that the judiciary cannot interfere in an internal legislative process.
Case documents and timeline can be found here. I have a detailed analysis posted here.
EFF filed an amicus brief in this action in support of the state. Congratulations to the Attorney General and Solicitor General Maureen Hart, who argued this case.
Thoughts? Add Comment -
SouthernRoots said on Mar 05 2009 at 1:47pm
Good ruling. Good for taxpayers and hopefully will make the legislature work harder to produce legislation that has broader support and better deliberation.
E Rheault said on Mar 05 2009 at 4:41pm
My God we actually won one from the democret packed court WHEEEEEEE.
Art said on Mar 05 2009 at 8:51pm
Well coat my nads with sugar and call me snowball! The court of WA actually followed, "The LAW" and not their sometimes, half baked brains. Perhaps the tide is turning now that the polish is coming off "The One".
J Courtright said on Mar 05 2009 at 11:54pm
Who paid for Sen. Brown's legal expenses on this challenge? Did it come out of government coffers or some private left wing slush fund?
Bec Thomas said on Mar 06 2009 at 12:03am
Good news!
Reitz said on Mar 06 2009 at 9:49am
J Courtright - it was a privately funded effort. She never identified specific parties, only said it was funded by a group of unions and environmental groups. I suspect it may have involved the groups who brought the pre-election challenge against I-960 in Futurewise v. Reed, but that's just a guess.