Futurewise and SEIU 775 are filing a complaint in King County Superior Court this morning, asking the courts to block Tim Eyman’s I-960 from the ballot, on the grounds that it is outside the constitutional scope of the initiative process. And, well… I just gotta laugh.
I know what Timmy’s reaction will be. He’ll be outraged, he’ll tell us, at this cynical attempt to prevent the people from voting on a citizens initiative. This is insulting. It’s undemocratic. It’s unprecedented.
In fact, it is not unprecedented, and I can’t tell you how much I look forward to skewering Eyman and his sanctimonious supporters in the press and elsewhere who echo his self-righteous condemnations of the complainants and their attorneys. For if these hypocritical defenders of the status quo are truly outraged by the prospect of such pre-ballot review, they had every opportunity to speak their minds concerning a similar case four years ago, yet remained strangely silent. Indeed the most sanctimonious of the sanctimonious — the Seattle Times editorial board — actually urged the courts to bar an initiative from the ballot on just such a scope challenge.
Of course I’m talking about I-831, my private joke cum baptism in hardball politics, a constitutionally protected initiative seeking to proclaim Tim Eyman a horse’s ass, that was summarily barred from the ballot by a stick-up-his-ass Assistant AG and an angry judge.
The Times and others cheered the judge’s actions, but it was absolutely clear to me at the time the precedent he was setting. Indeed, the brief my attorney presented before the injunction hearing seems downright prescient in light of today’s news:
Many initiatives are presented to the people that are arguably unconstitutional or beyond the scope of the legislative power. For example, Tim Eyman’s Sound Transit Initiative would prevent Sound Transit from spending money on a “Link Light Rail” system. This proposed initiative is clearly beyond the scope of legislative power under Ruano v. Spellman and other cases holding that initiatives cannot seek to prohibit administrative actions. The Attorney General has done nothing to prevent Mr. Eyman from going forward with his initiative. Proposed Initiative 824 is a statement. The Attorney General has taken the position in the present case that statements are not legislative, yet nothing has been done to prevent Initiative 824 from going forward.
Allowing the Attorney General discretion to select initiatives for challenge based on their palatability would violate the First Amendment. If pre-ballot review is to be applied to some initiatives, it should be applied to all initiatives that are arguably unconstitutional or beyond the scope of legislative power.
We concluded our brief by demanding that if the court engages in pre-ballot review, a “writ of mandamus” should issue requiring the Attorney General to seek pre-ballot review of all initiatives that are “arguably unconstitutional or outside the scope of the initiative power.”
Eyman, the self-proclaimed champion of direct democracy, had every opportunity then to take a principled stand in defense of the initiative process, but he refused. So forgive me if four years later I shed no tears for the legal predicament in which he finds himself. That his own unconstitutional initiative should face a pre-ballot scope challenge is the logical, legal consequence of the court order that ended I-831. My only surprise is that it has taken this long for an enterprising attorney to build on the precedent.
“I-960 is not a valid initiative and it will never become the law, so we shouldn’t be wasting tax moneys counting signatures and placing it on the ballot. I-960 seeks to amend the constitution by initiative, which the Courts have repeatedly said you cannot do,” noted Knoll Lowney, lead attorney on the case.
Specifically, I-960 seeks to modify the referendum powers defined in the State Constitution by creating a mandatory non-binding referendum process for all tax and fee increases not already subject to constitutional referendum, and, it attempts to modify the constitutional process for enacting legislation, by requiring a two thirds majority for raising taxes. I-960 is arguably unconstitutional, and, since it intends to amend laws that cannot be amended, it is also arguably not “legislative,” and thus outside the scope of the initiative process.
Unlike the Times, I’m not going to urge the court to rule one way or the other. I’m not a judge. And much to my mother’s chagrin, I’m not an attorney.
But I’ve read the complaint and I’m familiar enough with the case law from my own legal adventures to understand that this is not a frivolous complaint, and that it should be taken very seriously by the courts. Pre-ballot scope challenges are permissible, and indeed, I would argue, are long overdue. In fact, even while defending my own initiative, I argued for “a statutory mechanism for reviewing the constitutional sufficiency of initiatives prior to the ballot.” All I wanted from the AG and the courts was that such pre-ballot review be conducted with fairness and consistency.
Still, consistency is not something we’ve seen from my friends in the media in terms of how they have routinely approached Eyman and his initiatives, and I don’t expect to see consistency now. I fully expect Eyman to cry outrage, and I fully expect the editorialists — eager to prove that they are not aligned against him — to join him in his hypocritical sanctimony.
So come on Seattle Times… I dare you to prove me wrong. Four years ago you editorialized against a joke initiative, urging the court to bar I-831 from the ballot simply because it offended your delicate sensibilities. Do you have the balls to stand by your defense of pre-ballot scope challenges as a legitimate legal exercise?
I don’t think so.
UPDATE:
Andrew has more at NW Progressive.
Somebody should get an early review in Court of how the Sound Transit and RTID measures are joined. That seems like a single-subject violation to me.
Oh how the righties hate turn about is fair play.
This only makes sense; why put a measure on the ballot if it is going to be struck down later in court because it’s outside the bounds of the state’s constitution?
I hate the wonton waste of my tax dollars and I don’t care which party is squandering my money! It’s just that Republicans squander more money than Democrats do by a long shot.
Finally, some common sense in the legislative process.
#3
I am not sure what your definition of squandering is, but I might remind you that the “D”‘s have controlled this state for years. By your definition, we are a lean green ran machine. Your tax dollars are well spent.
Let’s just surrender everything to government. We should just transform America into one great commune and all live off the land.
#1: But… but… but… the people “want” Sound Transit and RTID. Many Moonbat!s agree… tax me please for Sound Transit and RTID.
Oh… wait a minute there are commercials from east siders saying it will not help. They must be the neocons of KC.
4
” . . . I might remind you that the “D”’s have controlled this state for years . . .” That is why our state’s economy is doing better than most. Indeed, by almost any meaningful measure, our state is doing just fine. Keeping the Republicans in a permanent minority appears to be an excellent strategy for good government.
Somehow I remember this flyer:
http://www.wsdot.wa.gov/public.....rsWant.pdf
Did they follow what “WE” want?
#7 Proud Leftist: I see you love being pickpocketed.
Didn’t Voice of Chalk Scratching recently have a two day post-a-thon regarding the high cost of viaduct replacement? I thought most libtards were against more taxes. We’ll Proud Leftist, who came up with all those spending plans – Republicans?
Waaaa haaaa haaaa haaaa haaaa haaaa haaaa haaaa haaaa haaaa
Why is it Moonbat!s have no memory?
Is it the daily mind numbing effect of reading Media Morons and Daily Kurse?
I guess you are jackbooted goose-stepping George Soros mind numbed robots. There must be subliminal “forget it all” messages being sent to you libtards everyday you visit.
Why can I extract things so easily and people like PelletHead forget I mentioned I was self-employed?
K @ 4:
My definition of squandering is the same as yours, I’m sure. Just because we run a pretty good government in Washington, doesn’t mean we’re doing the best job possible.
Don’t get me wrong, I’m quite happy to pay my fair share of taxes, but I want it spent wisely. Anything beyond that is squandering.
Liberal Democrat Phil Talmadge (former state senator and state supreme court justice) says:
“Seattle-Eastside light rail presents safety problems. A railroad has never been put on a floating bridge anywhere in the world. Even with major steps of grinding down the concrete surface, replacing concrete barriers with cable barriers and new transition sections to offset the extra weight, the sheer weight of the rails and equipment means that the bridge would be at 98 percent of its load-carrying capacity.
Our state has a sad record of floating bridges that sink. Remember the Mercer Island floating bridge going under in 1990, or the sinking of the Hood Canal floating bridge in 1979? A 2-percent safety factor hardly fills us with confidence for future bridge use.”
http://archives.seattletimes.n.....y=talmadge
So how about a pre-ballot challenge to the massive tax boondoggle on this fall’s ballot, which would allocate $6 billion towards weighting down and sinking the Mercer Island “floating” bridge with thousands of tons of “light” rail?
I’m going to shock many Moonbat!s on this board. I have nothing bad to say about the SEIU.
Why?
Don’t you Moonbat!s remember that too?
Goodness you all need neuropathology!
Puddybud:
Is that why it took you over a year to pay your gambling debt; lack of paying clients?
You know, all you had to do was swallow your pride a little and just say you didn’t have the extra $12 bucks. Not only would have I waived your debt, I would have treated you to lunch.
You do know that Pride is one of the 7 Deadly Sins, right?
PuddyBud,
“Don’t you Moonbat!s remember that too?
Goodness you all need neuropathology!”
Some friendly advice…avoid using big words like “neuropathology” until you learn how to properly use them.
I’m just sayin’
Uhhh Darryl… I have three doctor friends I have known for longer than you’ve been on this earth who specialize in neuropathology.
Two specialize in adult neuropathology centering Alzheimer’s disease, stroke, & brain tumors. Another in juvenile neuropathology centering on early onset MS.
Remember, I tease PelletHead he’s losing his marbuls (Major League) – Alzheimer’s!
Oh BTW good try!
GBS: No it isn’t. I told you at lunch. Forgetful?
Yes, Darryl… They need to have their heads examined.
Mike Savage says it best: “Liberalism IS a mental disorder”
Pudfucker,
Darryl nailed you. “Neuropathology” is diagnostic. You used the term in a treatment sense. I suspect that if you underwent a neuropathological examination, brand new brain disorders would be revealed.
12 By “rail”, aren’t we talking in this case about light rail? In other words, streetcars?
If that be the case, is one of the Sound Transit light-rail combines going to be significantly heavier than an articulated bus?
And how heavy are the rails? Well, BNSF uses rail on their mainlines that weighs 175 pounds per foot. Methinks that’s pretty insignificant compared to the concrete structure of the bridges themselves, to say nothing of all the SUV’s sitting on them most of the time.
Oh, yeah…the Lacey V Murrow bridge didn’t sink because of what was sitting on top of it. It sank because of the water inside of it.
Proud Leftist: Pudfucker? Getting personal now? Sorry ugly white guys are not my forte.
Wrong again. So wrong so many times.
I used it as I always have. Pellethead needs diagnosis, just like you do. I said he’s losing his marbuls because he couldn’t remember Voice of Chalk Scratching started an entry on TowHeaded Ho’s!. Look it up GENIUS!
This is always been my argument. Unfortunately you don’t read. But I see you can use an Internet.
When I used Mike Savage’s line I used it many months ago. Go ahead look it up on ‘Wipes. You are a sleuth, make my day!
So I see it must either be cerebral palsy, brain tumors, brain malformations causing your issues.
Keep up the good work Proud Libtard. You make my day!
@12 & 13 – has anybody with a P.E. weighed in on the piece referenced in the Times? I question the analysis and the qualifications of the authors.
I just got off the phone with Puffybutt’s train-pulling, fat, ugly, Muslim wife and she said she’s worried because the so-called conservative wing of the Publican party is gonna be mad. The righties just caved on an immigration reform bill that will make us Dems look good to the Hispanic population and really make mad all the KKK-anti-immigration types because this bill is in fact amnesty.
I love it.
Puddybud:
Read this and tell me if polticians in Washington DC should vote for or against this legislation that the IAVA is supporting.
“Last week, IAVA officially endorsed legislation introduced by Congressman Jim Moran of Virginia, calling for the creation of a national veteran’s suicide prevention hotline. The bill is making its way through the House, and we will be pushing to get it passed.”
Very simple Puddybud; Up or Down.
How should the politicians vote?
They should vote as GBS says
Puddybud wrote: “Proud Leftist: Pudfucker? Getting personal now? Sorry ugly white guys are not my forte.”
YES! I knew it! You DO have a man crush on me! Because one thing I am not; and that’s an ugly white guy.
I am one damn good looking white guy.
Stupidman: They’ll be taking the lower paying jobs you’re best qualified for. How will it feel to be perpetually unemployed, sucking on mama’s tit FOREVER?
GBS: Maybe you can use a janitor in your publishing bidness?
Was Stupidman a test tube baby?
So who would have thought? Janitor in a “drum”.
COP OUT @ 26, COP OUT @ 26
Damn, Puddybud, up or down?
How hard is it to lend or retract your support of the troops in a semi-public forum such as this?
How do you want our elected officials who represnet you and me to vote regarding health care for our vets?
Do you want them to fund a suicide hot line or not?
@ 28:
Sure, if he belongs to the SEIU. Otherwise, he’s a candidate for your place of business. You do have employee’s, right? I mean besides yourself and family members.
GBS I love it when you get “hot” under the color. You know where I stand on that issue. Did you learn nothing from our lunch conversation.
BREAKNG NEWS
Dems seek no-confidence vote on Gonzales
New calls for resignation follow word of Ashcroft hospital confrontation
WASHINGTON – Two Senate Democrats said Thursday they will seek a no-confidence vote on Attorney General Alberto Gonzales over accusations that he carried out President Bush’s political agenda at the expense of the Justice Department’s independence.
Sens. Chuck Schumer of New York and Dianne Feinstein of California, who have led the investigation into the conduct of White House officials and Gonzales, said the attorney general has become too weakened to run the department.
“It seems the only person who has confidence in the attorney general is President Bush,” Schumer told reporters. “The president long ago should have asked the attorney general to step down.”
“I think the time has come for the Senate to express its will,” Feinstein said. “We lack confidence in the attorney general.”
Schumer said Senate Majority Leader Harry Reid supports the resolution and would try to bring it to a floor vote next week. Judiciary Committee Chairman Patrick Leahy, too, was expected to sign on.
GBS commentary: See ya, wouldn’t want ta be ya!
Puddybud:
What I’m learning is that you won’t stand up in public and be counted on when our military needs you. Lunch was a private conversation, remember?
When we need our military they don’t hem and haw, they act.
Could you extend the same courtsey to our brothers and sisters in arms and express your public support for them?
Otherwise, we’ll all know where you stand and that is with the people who won’t express public support for our troops.
What say you Puddybud, up or down?
If he joins the SEIU then I’d have change my opinion of them.
I notice no one can tell me what happened with the SEIU. Why is that Moonbat!s? Liberalism IS a mental disorder.
BTW, GBS Stupidman is tooooooo Stupid. Stupidman’s IQ level is “special” and wouldn’t make it in the Puddybud household. We’d have to import his gap-toothed momma so he’d have a tit to suck on!
To determine the “special” IQ range: http://tinyurl.com/36lojj
Okay GBS: Personal threats aren’t needed. BTW last week you already blabbed part of our “personal” lunch conversation.
But since you axed so nicely —- UP!
From the Internet – “In the Unabridged Webster’s Dictionary (1960’s), which lists “Moron” as a 50 to 75 IQ level, “Imbecile” as 25 to 50 IQ, and “Idiot” as below 25 IQ (as per older Websters).” – Then the PC police got hold of the dictionary.
All three terms can be used interchangeably in the case of Stupidman.
Headlice Loocie:
Open thread by Goldy, 05/16/2007, 11:38 PM Entry #16
Still waiting for your answer!
Oh Yeah, I take at “face value” anything Dianne Feinstein says especially when her husband was taking funds to “fix” Walter Reed Hospital and did nuthin! Why do you think it “died” so fast?
Look it up GBS!
I must be getting to the traitor Puffybutt – he’s obsessed with me. He talks about me non-stop. He’s mad at me and even threw a temper tantrum and threatened to sue me. My day has been made. I caused a cowardly right wing turd pain. I should get a medal.
PL @ 7,
“deed, by almost any meaningful measure, our state is doing just fine. Keeping the Republicans in a permanent minority appears to be an excellent strategy for good government.”
Yes, that is why the Washington State LEOFF Pension Plan 2 for Firefighters and Police is one of the worst in the Nation. Thanks. We really do appreciate your hypocrisy. Purchase any non-union goods today?
Hmmm, looks like puddy took a late lunch break today and didn’t go back to work until 3 PM. Oh wait, I forgot, 3 PM is quitting time! Takes him an hour to get home. I’ll bet if you check the newer threads you’ll find he started posting again shortly after 4 PM.
puddy’s work schedule:
6 AM to 9 AM – post on HA
9 AM to 10 AM – commute to work
10 AM to 11 AM – work
11 AM to 3 PM – take 4 hour break to post on HA
3 PM to 4 PM – commute to home
4 PM to bedtime – post on HA
I am soooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo glad PelletHead is looking out for me. PelletHead do you remember what I do for a living? Think now? Whoops… I forgot, the leetle tiny paramecium was working overtime today.
But I really wanted to comment to Stupidman@24. When Reid and Pelosi have reservations on the immigration bill it means something must be right about it. I’ll see when it gets published.
You see PelletHead: while you are getting that needed Alzsheimic reduction sleep you so truly need, my ‘bots are working for me. They work so I can work more intelligently!
C A N – Y O U – D I G – I T ?
The Democrats are responsible for our booming economy?
C’mon, you must have needed a big glass of water to keep yourself from choking when you wrote that.
Microsoft and Chinese trade are the reasons this State has blossomed. The trickle down from Microsoft, talentwise, tech startups, residential construction, etc. etc. etc. China has supplied scads of cheap mortgage money.
No Microsoft, no booming economy. In fact, Ron Sims has done just about everything wrong in County government.
And yes, I voted for him twice.
Looks like the Pat Davis Port Commissioner recall petition hearing cited in the PI is scheduled for tomorrow. Hey Goldy, why don’t you invite Chris Clifford, “the King County resident who filed the petition” on your show to discuss the subject in further detail? I sure hope to get some of those petitions and start gathering signatures myself, it this works out OK!!!
——-
http://seattlepi.nwsource.com/.....vis12.html
Hearing set on petition to recall port commissioner Davis
By KRISTEN MILLARES BOLT, P-I REPORTER
A hearing on the recall petition filed against Port of Seattle Commissioner Pat Davis is scheduled for next Friday at 1:30 p.m.
King County Superior Court Judge Charles Mertel will decide whether the charges brought against Davis are legally and factually sufficient to merit allowing the petition to go forward and have her removed.
Davis, who has been commissioner for 22 years, is accused of malfeasance and misfeasance for her role in signing a memo extending retired port Chief Executive Mic Dinsmore’s $339,841 salary by up to one year.
The port’s human resources department had begun preparing the payout, calculated as $296,000, before it was brought to the attention of new Chief Executive Tay Yoshitani, who took the helm in March.
Yoshitani began pulling commissioners into private briefings with General Counsel Craig Watson, only to find that three other commissioners — President John Creighton, Vice President Lloyd Hara and Secretary Alec Fisken — said they had no recollection of discussing the payout or agreeing to it.
– – -snipped for length, see link for entire article – – –
Chris Clifford, the King County resident who filed the petition and will argue his case, said Davis should have known better.
“It was a gift of public funds, and they got caught,” said Clifford, who believes Davis is guilty of misfeasance and malfeasance in office — defined by Washington state law as “any wrongful conduct that affects, interrupts or interferes with the performance of official duty.”
If the petition is deemed credible and allowed to move forward, Clifford would need to collect 149,124 signatures to put it on a ballot.
Do I need to change my deodorant or something? I keep trying to post something regarding the Pat Davis recall petition hearing tomorrow. HA has gobbled it up and ain’t about to Spew it out.
It wasn’t even troll-talk neither!!