2 LAWSUITS, 2 UPDATES: Lots to report on
Thanks to all of you, we stopped a lot of bad bills during this year’s legislative session.
Tons of bills raising taxes, several bills attacking the initiative process. We’re proud to say that every bill we targeted, we managed to stop.
But it’s also true that with the Democrats controlling the House and the Senate, they passed a whole bunch of bad stuff.
Two of their actions I felt were especially egregious and in need of challenge. One was their unconstitutional attack on initiatives to the legislature and the other was their unconstitutional attack on the Rainy Day Fund.
I filed two lawsuits. Here’s an update on each one:
Eyman v Wyman
Was filed to protect future initiatives to the Legislature. In the final days of the session, the Legislature monkeyed with Initiative 940 and blocked the people from voting on it, establishing an extraordinarily dangerous precedent. Originally, I was going to handle the case pro se, meaning I’d be the lawyer. But shortly after I filed it, a very experienced attorney, Joel Ard who is president of a local chapter of the Federalist Society, agreed to represent me in the case. There’s a zen-saying that’s always inspired me: “Leap and a net will appear.” That certainly happened here. I lept — filing the lawsuit — and shortly after, a net appeared (Joel stepped up to help). It’s amazing what you can accomplish when you’re willing to try. One week from tomorrow, Friday, April 20 @ 1:30 pm in Thurston County Superior Court in Olympia before Judge Christine Schaller, the case will be heard. Read his opening brief which he filed on Friday (it’s brilliant: https://tinyurl.com/yc65zxqw
Eyman v Davidson
The 2nd lawsuit –was filed two weeks later and it’s a legal challenge to the Democrats’ $700 million raid on the Rainy Day Fund. Some newspaper editorial boards have sided with me on this (Tri-City Herald: “Democrat Legislature wrong to violate Constitution by raiding Rainy Day Fund”, Yakima Herald-Republic: “State’s Democrats May Pay For Gimmick on Budget). The Legislature and the voters in 2007 passed a constitutional amendment establishing the Fund. In 2011, the Legislature and the voters passed another constitutional amendment strengthening the Fund. The Constitution mandates that extraordinary revenue growth “shall be transferred” to the Rainy Day Fund. The Democrats ignored that requirement. The Constitution allows the Legislature to take revenue out of the Rainy Day Fund with a 60% legislative vote. The Democrats ignored that too. The case has been assigned to Judge Carol Murphy but a court date has not been set yet. I’ll keep you updated on that.
Here’s my opening brief on it: https://tinyurl.com/y7d2o44y
I’d really appreciate your feedback on all of this.
“All that is necessary for evil to triumph is for good men to do nothing.”
Jack, Mike, and I are committed to protecting taxpayers. But we can’t do it alone. We need everyone’s help.
Top 5 Contributors: Suzanne Burke, Puget Sound Chapter NECA PAC, Andrew Skotdal, Tim Eyman, Thomas O’Brien