State legislators found out about the state Supreme Court’s McCleary decision-based $100,000 per day fine on the state the same way most others did… via the media. The court’s decision to not first inform state officials —who, after all, are the defendants in the case —left lawmakers on both sides of the aisle more than a little frustrated. The Yakima Herald,
“Reps. Norm Johnson, R-Yakima, and Sam Hunt, D-Olympia, who was in Yakima on Thursday, found out about the ruling from the media…
“‘I thought it was strange they released the press release with their decision before they informed the Legislature what they were doing,’ [Johnson] said.”
Of course, that’s not the only reason why lawmakers are frustrated over the court’s ruling. The Yakima Herald,
“Both parties are left to wonder why their efforts to increase education spending in this year’s series of special sessions — with strong bipartisanship, the two added — were not enough…
“New taxes, such as the failed capital gains tax or a state income tax, are out of the question for Republicans, said Johnson. A capital gains tax might get a few more Democratic votes in the House, added Hunt, but likely not enough to pass.”
Both Johnson and Hunt went on to question the court’s jurisdiction. Certainly, as Shift reported, the order presents quite a dilemma. After all, enforcing the court’s fine on the state would require lawmakers to vote on appropriations to fine the state.
As a side note, Hunt admitted what Shift said all along: Frank Chopp did not have the votes to pass new taxes out of the state House. That’s why Democrats repeatedly refused to vote on their tax proposals and entered budget negotiations with a spending package rather than, well, an actual budget.
RightWingPooFlinger says
seems we have a bit of a ‘separation of powers’ problem. Elections have consequences.
thekux says
That is true but GOP needs to start calling this what it is a liberal attack on democracy and that they will never on or anything the court orders on a budget or any fines and call for their impeachment it’s time to fight back they have no street smarts I think our candidate in 2016 is a big wimp and doesn’t want to fight that’s why people like Donald Trump because we need fighters in there the judiciary doesn’t have judicial review on budgets they have no input at all and that’s what the GOP needs to start saying I have heard any of our leaders say that in this state yet they keep saying o oooo we’re trying look at how much we have increased education spending they should be telling the courts go to hell
tensor says
Well, with Sen. Hill’s signature accomplishment — writing the state’s budget — now revealed as a dismal failure, his chances of mounting a successful challenge to Governor Inslee look dimmer than ever.
Meanwhile, his fellow Republicans continue to value their failed ideology over our common reality:
New taxes, such as the failed capital gains tax or a state income tax, are out of the question for Republicans, said Johnson.
If we can’t raise taxes (a) in a booming economy (b) when we obviously need the money (c) for the state government’s “paramount” duty, then under what possible circumstances can we ever possibly raise taxes? There is, literally, no item more important than education — our state’s Constitution says so. Republicans
spentwasted our most recent legislative sessions lecturing everyone else on how they could satisfy our educational requirements without raising taxes. Now they have been proven dead flat wrong on their repeated assertion, and they still refuse to admit reality.Perhaps our state’s Supreme Court didn’t bother communicating directly with our legislators because the Justices had concluded such an act would be a complete waste of their time.
thekux says
Before this 18 percent increase we were spending 250k / classroom the teachers unions won’t be happy unless its at least 1 million what is proper funding of education? An opinion that’s all it is and the judiciary doesn’t have right to judicial review on a budget and order a tax increase their have any rights at all on a budget that’s 100% legislature and executive but liberals hate democracy when they lose so they try to go to the courts the GOP needs to tell the Supreme Court to go to hell and that’s what they should run on Democrats attacked democracy do we live in a democracy or dictatorship with Democrats they want judicial dictatorship if needed for their tax increases
Biff says
“Sen. Hill’s signature accomplishment — writing the state’s budget — now revealed as a dismal failure” By what standard? You want to talk failure? Do we have a state income tax? Do we have a fuel mandate? Do we have a cap-and-tax program? Those are failures, comrade. Writing a balanced budget with historic increases in education funding during the regular session is only a failure to Democrats who sniveled and whined through 2 special sessions to gouge the taxpayers of extra per diem.
tensor says
By what standard?
By the standard set in Washington state’s Constitution, interpreted by our state’s Supreme Court in their McCleary decision.
Those are failures, comrade.
No, a “failure” is a policy which has been implemented and checked, and after a careful and thorough review, did not produce the desired result at an acceptable cost. But doing all of that requires work and thinking, which are hard, which is why you rely on Big Brother to tell you what to say:
… historic increases in education funding…
So, what’s your metric for “historic increases in education funding”? The entire time Washington state has operated schools? Percentage increase per student per year? Per capita? Per district? Or is it in absolute terms? If so, does it use constant dollars? Where’s your source citation?
Bradley Whaley says
Considering that the Democrats have controlled the legislature for 28 of the past 30 years coupled with I believe exclusively Democrat Governors during that period that cannibalized the funding for education. Don’t know the stats, but am sure there were court appointments from that party. Regardless, the Washington State Supreme Court is already known as the most liberal court in the nation. Hence, the cluster…..
Ironic that they still blame this mess on the GOP! Can’t teach old dogs.
tensor says
Don’t know the stats, but am sure there were court appointments from that party.
Here is the very first line from the original — and current — text of Article 4, Section 3, of Washington State’s Constitution:
The judges of the supreme court shall be elected by the qualified electors of the state at large at the general state election at the times and places at which state officers are elected, unless some other time be provided by the legislature.
Was zero too high for you to count?
Ironic that they still blame this mess on the GOP!
According to shiftwa.org, Republican Senator Andy Hill was “the person who actually wrote the state budget.” If you believe they’ve made a delusional claim, you can take it up with them.
On the culpability of the Democrats in chronically underfunding education, you’ll get no argument from me. At our legislative district meetings over the past twenty years, my neighbors and I have consistently told Frank Chopp to increase educational spending. He always responds that Republicans reflexively resist any attempt to raise taxes. May plague visit both their houses.
Bradley Whaley says
Transplant. Moved here from a state where the Supreme Court members were gubernatorial appointments with legislative blessing.
tensor says
Me too.
Frank Chopp’s only serious* election challenge in years came from Ms. Sawant. Do you think we’d have more education spending if our budget-writing options were Chopp vs. Sawant, instead of Chopp vs. Hill?
*For values of “serious” which mean, “he had to settle for only 70-plus percent of the vote.”
tensor says
Me too.
Frank Chopp’s only serious* election challenge in years came from Ms. Sawant. Do you think we’d have more education spending if our budget-writing options were Chopp vs. Sawant, instead of Chopp vs. Hill?
*For values of “serious” which mean, “he had to settle for only 70-plus percent of the vote.”
thekux says
When did a budget become subject to a judicial review? Budgeting is a hundred percent legislature and executive if the people of Washington State wanted to cut education funding and voted to do so the people of the state have her hate to do it according to the Liberals we don’t
thekux says
We are spending almost 250k her classroom before this massive increase that’s quite a bit of money when did a budget be subject to judicial review? This is solely the responsibility of the legislature an executive not the judiciary GOP doesn’t have any street smarts call it what it is an attack on democracy
thekux says
When did the judiciary have right to judicial review on budgeting people of Washington State should call for their impeachment all the justices we have the right to cut education spending if that’s what we want that’s called democracy liberals only like democracy if they win and if they lose they try to always overturned things in the courts the GOP better start learning how to fight and get some street smarts this is an attack on democracy we voted against the Democrats agenda and now the judiciary has a right to judicial review on a budget that’s absolutely ludicrous GOP should actually cut education spending that’s what the people want we sure have a right to it if that’s what we wish it’s unbelievable how the GOP just bends over that’s why Trump is it so popular
tensor says
When did the judiciary have right to judicial review on budgeting…
Because the judiciary interprets our state’s Constitution, and Washington State’s Constitution requires:
It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex.
Since “paramount” means “of highest concern or importance,” and a “duty” is an obligation of office, our state’s government must always and forever “make ample provision for the education of all children residing within its borders.” Since “ample” means “more than adequate,” education funding takes precedence over all funding for roads, bridges, ferries, fire-fighting, prisons, and everything else our state does.
… people of Washington State should call for their impeachment…
They’re elected. We can vote them out if we want.
… we voted against the Democrats agenda…
We elected a Democratic Governor and a Democratic majority in our state’s House.
… GOP should actually cut education spending that’s what the people want…
This from a guy who writes five comments, containing a total of three punctuation marks.