Tim Eyman says he's "shocked" judge ruled I-1366 unconstitutional. Here's video of him reading ruling. #waleg pic.twitter.com/ezf2ckSVBO
— Drew Mikkelsen (@drewmikkelsenk5) January 21, 2016
As expected by just about everybody with even a cursory understanding of the law (you know, everybody but Tim), King County Superior Court Judge William L. Downing ruled today that Initiative 1366 is unconstitutional on grounds that… well… really… it’s hard to find a ground on which I-1366 isn’t unconstitutional.
Initiative I-1366 would have slashed the state sales tax by a penny starting in April (at a cost of about $1.4 billion a year), unless the legislature put a 2/3 supermajority for tax increases constitutional amendment on the November ballot. But Downing tossed it out in its entirety, ruling that I-1366 “exceeds the scope of the initiative power,” that it “violates art XXIII the Washington constitution in usurping the role of the legislature by proposing precise terms for a constitutional amendment,” that it “abridges the plenary powers of the 2016 legislature by tying its hands in an impermissible way,” and, of course, that it violates the “single subject” clause of Article II, section 19 by including “three separate subjects and purposes [that] cannot be said to possess a rational unity.”
Congratulations, Tim, on winning the quadfecta of unconstitutionality!
No doubt Downing’s decision will be appealed—but also no doubt it will be upheld, and his quick ruling takes the distraction completely off the table for the current 60-day legislative session. As for Tim, I could watch his pained expression all day long. What a horse’s ass.
