State Attorney General Rob McKenna argued Washington’s top-two primary before the US Supreme Court today, and Postman’s got a partial transcript up online. I know it’s not a predictor of how the court will rule, but it sure sounds like McKenna is getting his ass kicked — which raises the question: why is McKenna personally arguing this case rather than, you know, a more experienced appeals attorney?
For example, backers of the top-two better hope this isn’t McKenna’s most compelling argument.
CHIEF JUSTICE ROBERTS: But clearly, it’s just like a trademark case. I mean, they’re claiming their people are going to be confused. They are going to think this person is affiliated with the Democratic or Republican Party when they may, in fact, not be at all.
MR. McKENNA: Mr. Chief Justice, they make that claim without the benefit of any evidence. The Ninth Circuit and the district court and the parties simply assume this will happen…
Well, if you’re looking for evidence to support this scenario, how about this: I hereby declare my intention to challenge Dino Rossi for the Republican nomination… should the top-two primary be reinstated.
Run Goldy, run!