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The Washington State Supreme Court announced today that it has granted review to Goldmark v. McKenna, Commissioner for Public Lands Peter Goldmark’s petition for a writ of mandamus seeking to compel Attorney General Rob McKenna fulfill his statutory duty to provide legal counsel.

“I am pleased that the Supreme Court has decided to take up my case with the Attorney General,” Goldmark said in an official statement. “It is a critical constitutional question of whether or not the Attorney General has the discretion to make policy for issues under the purview of another statewide elected official.”

This marks the second time in as many weeks that the Court has rejected McKenna’s claim of broad discretionary powers. Oral arguments are scheduled to be held November 18, the same day as those for Seattle v. McKenna, Seattle City Attorney Pete Holmes’ petition seeking to compel McKenna to withdraw from the lawsuit challenging health care reform.

In granting review of the two related cases, and scheduling to hear them on the same day, the Washington State Supreme Court apparently believes the constitutional issues raised by the Attorney General’s unprecedented claim of extra-statutory powers are a pretty big deal… but so far our local media disagrees. Huh.

Pete Guither responds to Roger Roffman’s concern-trolling of the drug law reform movement in the Seattle Times Mommy Advice Journal.

If you haven’t read it yet, you really need to take a gander at Dominic Holden’s in-depth spelunking of the deep-bore tunnel cost-overrun controversy in the current issue of The Stranger, in which a local journalist finally asks the rather obvious question: “What Could Possibly Go Wrong?”

I know it’s all the fad these days amongst the Rainier Club crowd to roll one’s eyes at the mention of Mike McGinn’s name, all the while planning for Mayor Burgess’s election night victory party, but considering what’s at stake, it’s nice to know that there’s at least one elected official standing up for Seattle taxpayers (whatever his motives or sometimes clumsy methods). For at a time when the Seattle Center is preparing to auction off a couple acres of rare, designated open space to the highest bidder, in pursuit of a mere couple hundred thousand dollars of additional annual revenue, just imagine what a couple hundred million dollars in cost-overruns will do to our ability to pay for the things we want and need, let alone the billion-plus bill we could be presented with should things go seriously wrong.

And as Dominic explains, things could go seriously wrong.

Now I’m not one of those who points to Boston’s “Big Dig” and similar fiascos and concludes that America has somehow lost its ability to engineer and construct big projects. Large infrastructure projects do sometimes come in on time and near budget, and WSDOT has had a particularly good track record in recent years. But I’m no pollyanna either, especially when it comes to the least studied, least engineered, most speculative of any of the various Viaduct replacement alternatives.

In fact, when the Discovery Institute first floated the idea of what I immediately dubbed “The Big Bore,” I ridiculed their apparently faith-based proposal as “Intelligent Transportation Design.”

I once proposed building a gigantic rollercoaster along the West Seattle to downtown portion of the Monorail’s abandoned Green Line, and you didn’t see my joke of a transportation proposal picked up by the MSM, let alone labeled “visionary”. And yet the Seattle Rollercoaster Project is no less technically challenging nor politically, well, utterly fucking ridiculous than Discovery’s deep bore, crosstown tunnel. … In a city where completion of a 1.3 mile vanity trolley line is feted like some transportation miracle, the very notion that local voters might commit more than a half billion dollars a mile to an untested technology is a dramatic tribute to Discovery’s primary mission of promoting the exercise of faith over reason.

Much to my chagrin our political establishment quickly embraced Discovery’s Big Bore proposal, ignoring the technical challenges while attempting to bypass the political ones by excluding Seattle voters from the process… only to run into the electoral equivalent of a stuck tunnel-boring machine: the surprising election of Mayor Mike McGinn.

Like a stuck TBM, Mayor McGinn can’t possibly reverse himself, and with the cost-overrun issue still conveniently blocking his way, he sure as hell ain’t moving forward. Vindictive, short-sighted and/or lazy legislators may have thought they cleverly short-circuited our city’s famously obstructionist civic fetish with process, but where there’s a will, there’s a Seattle Way.

Observers who don’t believe last year’s mayoral election was at least in part a referendum on the Big Bore Tunnel are smoking crack. McGinn long and loudly campaigned on his opposition to the tunnel, and even when he relented during the final weeks, he still promised to fight any effort to stick Seattle taxpayers with open-ended cost-overruns. So why should anybody roll their eyes at the sight of Mayor McGinn attempting to fulfill his promise? The irony is, while the wise, old sages at the Seattle Times blame Mayor McGinn for the cost-overrun controversy, it’s actually the controversy that deserves the blame for Mayor McGinn.

As with the underlying technical challenges in drilling the largest diameter deep-bore tunnel ever, the powers that be have also failed to fully think through the financial and political challenges associated with the proposal. When I hear Governor Gregoire, City Council president Richard Conlin and other tunnel boosters warn that further delays will only increase costs, my immediate response is, well what the fuck did you think was going to happen to when you attempted to ram this through? It’s been nine years since the Nisqually quake marked the Viaduct for immediate demolition; did anybody really think that spitefully sticking Seattle taxpayers with all the risk for a tunnel they don’t particularly want was gonna speed up the replacement process?

And what if the tunnel comes in way over-budget, as mega-project history suggests it is likely to do? Where’s the money gonna come from to finish it? Are we gonna sit for years with a half-dug hole in the ground while the state and the city endlessly litigate their financial obligations? Or will the state shift funds from other parts of the project to complete the tunnel, while leaving the decrepit Viaduct standing like some ancient Roman ruin, until some future tumbler finally knocks it over onto the waterfront? I mean, how the fuck do you even start a project like this without knowing how you’re gonna ultimately pay for it?

There is not, as the Times and others suggest, consensus support for a multi-billion dollar tunnel with no downtown exits or onramps that will only serve 40,000 vehicles a day, though there may very well be a consensus by now to just get this debate over with and build something. I even find myself in “something” camp these days. Hell, I’d settle for anything.

But I’m not willing to settle for anything at any cost… and outside of the Times editorial board, the folks at the Discovery Institute and an apparent majority of city council members, neither are most Seattle taxpayers.

There may not have been consensus support for the surface/transit proposal either, but had the legislature forced that option down our throats — the cheapest and least financially risky of any of the alternatives — we’d probably be building it already, because whatever its downsides, it was by far the most technically, financially and politically doable. Instead, the legislature chose to risk the future fiscal stability of our city for the sake of folks wanting to quickly drive through it.

As utterly fucking ridiculous as the original Big Bore proposal was, that’s nothing compared to the notion of the state assuming all of the responsibilities for building it, while assuming absolutely none of the risks. And until the state proves it can navigate the well-charted sink holes and boulders of Seattle politics, nobody should have confidence in its ability to bore through the uncertain terrain hidden beneath the city.

Guns don’t kill people. Oh wait… yes they do:

Los Angeles police say a 9-year-old boy playing with a loaded gun accidentally shot and killed his 2-year-old brother. … [H]omicide detectives interviewed family members and determined that the gun had gone off while the 9-year-old was playing with it.

If there weren’t a gun in the house, that child would still be alive. That’s all I’m saying.

Tea Party Nation canceled their “unity” convention, scheduled for this coming weekend in Las Vegas, claiming it was just too damned hot.

“The heat in Las Vegas in July is keeping many who would like to participate from attending,” organizers wrote last month, earning them mockery far and wide. Organizers said Friday in their weekly newsletter, obtained by TPM, that the rescheduling is “being worked on” so people can plan to attend.

Uh-huh.

No doubt it’s scorching in Las Vegas this time of year, but that won’t stop me and a couple thousand other progressive bloggers and political activists from heading to Sin City the following weekend for Netroots Nation, our annual blogger confab.

I’m not particularly looking forward to a few days of 105+ degree heat… though I’m assured it’s a dry heat, and that they have this newfangled thing called “air conditioning.”

Last week’s contest was won by mlc1us. It was Arlington High School in Arlington, Massachusetts, where a student was fighting to have the Pledge of Allegiance recited in the school.

Here’s this week’s, good luck!

Deuteronomy 22:13-21
If a man takes a wife and, after lying with her, dislikes her and slanders her and gives her a bad name, saying, “I married this woman, but when I approached her, I did not find proof of her virginity,” then the girl’s father and mother shall bring proof that she was a virgin to the town elders at the gate.  The girl’s father will say to the elders, “I gave my daughter in marriage to this man, but he dislikes her.  Now he has slandered her and said, ‘I did not find your daughter to be a virgin.’ But here is the proof of my daughter’s virginity.” Then her parents shall display the cloth before the elders of the town, 18 and the elders shall take the man and punish him. They shall fine him a hundred shekels of silver, and give them to the girl’s father, because this man has given an Israelite virgin a bad name. She shall continue to be his wife; he must not divorce her as long as he lives.

If, however, the charge is true and no proof of the girl’s virginity can be found, she shall be brought to the door of her father’s house and there the men of her town shall stone her to death.

Discuss.

Okay, I have to ask: do any teenage girls get their fashion advice from Seattle Times editorials?

In a guest editorial today in PubliCola, Seattle City Council president Richard Conlin says the legislative provision pinning Big Bore tunnel cost overruns on Seattle taxpayers is much ado about nothing:

Much ado has been made about a state legislative provision saying that costs in excess of $2.8 billion will be paid by “property owners in the Seattle area”. No city council member supports a policy shift that would force Seattle property owners or local municipalities to pay cost overruns on a project managed by the state.

The Seattle City Attorney and legal professionals have clearly stated that this vague and unprecedented language is legally unenforceable.  The legislature would have to take additional steps that have no precedent in state history to actually figure out how to charge a local government or property owners.  Such steps would be vigorously opposed by all local governments around the state—and the work that the council is doing to develop regional and statewide partnerships positions us well to work effectively with these allies.  Frankly, the issue serves only as a way to alarm and divide Seattleites.

Okay Richard, fine. I trust you on that. But instead of making these assertions in an online editorial, how about making it official? Why not just have the council pass a resolution restating everything you just said here, that the cost overrun provision is illegal and unenforceable, and that the council would vigorously oppose any effort to impose such on Seattle taxpayers. Hell, pass an ordinance prohibiting Seattle from paying for any cost overruns.

Then you, the rest of the council and City Attorney Pete Holmes can stand behind the Mayor as he announces his intention to sign the contracts, but with this caveat in place. (And if the Mayor still won’t sign the contracts without legislative action that he’s not gonna get, well then, that’s his problem.)

The way to get things moving is to help Mayor McGinn to live up to his campaign promise on this issue. You know, help him save a little face.

Is that so hard?

As a legislator, State Rep. Geoff Simpson is absolutely one of my favorite Dems in Olympia. He’s not just reliably progressive, he’s outspokenly so, and in a swing district no less. Where many other Dems — even some pretty good Dems — tend to couch their votes and their public statements with an eye toward their next reelection campaign, Rep. Simpson doesn’t seem to even give shit. Then he fights like hell during the campaign, and somehow manages to win.

You could say he’s one of the few Dems in Olympia with balls.

So it really pains me to read the news that Simpson has been charged with a gross misdemeanor assault stemming from an incident at Seattle Children’s Hospital where his ex-wife attempted to keep him out of a room where their 12-year-old daughter was recovering from surgery.

According to the police report a social worker with Children’s Hospital witnessed the scene and her description of the incident matched what the ex-wife told the officer.

The social worker told the officer she saw Simpson “barrel” into the room, push his wife out and shut the door. According to the social worker’s statement in the police report Simpson closed the blinds and “barricaded himself inside using his body.” The social worker’s statement noted he was yelling inside the room and would not open the door.

I have to admit that if Simpson were a Republican I’d be more than rubbing his nose in this — it’s kinda my job — but I wouldn’t be having much fun. I have empathy for all the parties involved in this incident, Simpson, his ex-wife and their daughter, and I take no joy from reporting (or even exploiting) such personal family tragedies. Corruption and hypocrisy, that’s different, but this kinda stuff is always painful to write about.

And it leaves a lot of Democrats with a terrible dilemma. Rep. Simpson is a great legislator… an effective, outspoken progressive leader who always seems to have the interests of working families at heart. He’s not just another vote in the caucus, and would be hugely missed in Olympia.

And yet, domestic violence, whatever the circumstances (and for a moment, put yourself in Simpson’s shoes and imagine how you might react should your ex-wife block you from entering your daughter’s hospital room) is not something that can be dismissed lightly. I don’t know much more about this incident than what I’ve read online, but I have to trust Seattle City Attorney Pete Holmes that his office wouldn’t be prosecuting if they didn’t feel it worthy of prosecution.

So is this enough to ditch Simpson, not only handing over his swing district to the Republicans, but costing us one of our most passionate and effective voices in the state House?

I dunno. I guess I’ll have to wait to learn all the details, and see what Simpson ultimately says for himself. In the wake of an incident two years ago in which charges were dropped after he spent a night in jail, Simpson made a point of reiterating his support for domestic violence laws that left police with little discretion but to detain and charge him in response to a complaint from his ex-wife:

“I’ve thought a lot about this the past several weeks. I don’t like what happened to me and I didn’t like going to jail with all the unpleasantness associated with that. But I think that’s better than the alternative.”

The alternative being that domestic violence reports not be taken seriously enough by the police and the courts.

It’s a complicated issue. Almost as complicated as the dilemma this incident creates for Simpson’s many friends in the Democratic Party.

UPDATE:
Much is being made in the comment thread about this being Simpson’s second  domestic violence charge, but I think it’s important to note that the previous charges were dropped. According to the dismissal motion:

“… based on the alleged victim’s stated intentions for calling 911 at the time of the incident, there is no evidence that the alleged victim was calling 911 to specifically report a domestic violence incident or that the defendant would have reason to believe that she was calling to report domestic violence.”

As I explained at the time, police have little discretion when responding to what they believe to be a domestic violence complaint but to detain and charge the defendant, and for good reason. So while Simpson and his ex clearly have their problems, I’m not sure these two incidents are comparable.

Apparently, Rep. Jay Inslee has been following my coverage of Goldmark v. McKenna, even if most of our local media hasn’t:

“He [McKenna] seems to think he’s the Lands Commissioner, the Secretary of State, the Governor, and the AG,” Inslee said of his potential rival for Governor in 2012.

Huh. You’d think the press might find that interesting. Apparently not.

The oil spill in the Gulf of Mexico has been highlighting for me a very interesting paradox in how we understand the concept of responsibility:

BP repeatedly disregarded safety problems, according to a new damning investigation from ProPublica that was copublished with The Washington Post. Documents about internal safety investigations leaked to ProPublica by “a person close to the company” show a pattern of neglect and a culture skewed toward silencing whistle-blowers.

The investigations described instances in which management flouted safety by neglecting aging equipment, pressured employees not to report problems, and cut short or delayed inspections to reduce production costs.

That article was from a month ago, even before Texas Congressman Joe Barton expressed regret that BP was being pressured to take responsibility for the spill with a $20 billion fund set aside to cover the damage.

We often point to how the law treats corporations as equals to individuals as a major problem that creates skewed outcomes within our legal system and a dangerous downstream effect on society. But I’m not sure that that alone captures the depth of the problem. The problem is that we have two separate notions of what it means to be responsible – and that individuals and corporations are held to very different standards.

We make a lot of laws in this country that focus on our individual behavior. We zap speeders on the freeway and set up red light cameras. We fine people for jaywalking or drinking a beer on the sidewalk. We make people wear helmets on motorcycles and seat belts in their cars. The value of these restrictions are sometimes debated (and I certainly don’t like some of them), but they almost always have the broad support of the public – and few politicians dare to challenge the necessity of these laws that require responsibility on our part, both to ourselves and others. Government is seen as being the hammer necessary to force people to be responsible citizens.

But when it came to the years leading up to the devastating oil spill that wrecked both the environment and the economy of the Gulf Coast, the government was completely hamstrung in its ability to get BP or its partners to exercise even a minimal amount of responsibility, or even punish them when their previous irresponsibility led to actual damage (like when the Texas City refinery blew up, killing 15 people).

Part of this happens through outright corruption, but part if it is also from a belief that if we hold companies responsible with regulations, we’ll make it too hard for them to succeed and move our economy forward. Following this idea to an extreme, we now treat corporations far more kindly than we treat individuals. It has become an internalized double-standard that government protects society by holding individuals responsible, but endangers society by holding corporations responsible.

This article from last weekend in the New York Times shows how easy it is for companies like the ones at the heart of the Gulf oil spill to exploit this tendency:

With federal officials now considering a new tax on petroleum production to pay for the cleanup, the industry is fighting the measure, warning that it will lead to job losses and higher gasoline prices, as well as an increased dependence on foreign oil.

But an examination of the American tax code indicates that oil production is among the most heavily subsidized businesses, with tax breaks available at virtually every stage of the exploration and extraction process.

According to the most recent study by the Congressional Budget Office, released in 2005, capital investments like oil field leases and drilling equipment are taxed at an effective rate of 9 percent, significantly lower than the overall rate of 25 percent for businesses in general and lower than virtually any other industry.

…

Jack N. Gerard, president of the American Petroleum Institute, warns that any cut in subsidies will cost jobs.

“These companies evaluate costs, risks and opportunities across the globe,” he said. “So if the U.S. makes changes in the tax code that discourage drilling in gulf waters, they will go elsewhere and take their jobs with them.”

Can you imagine if individuals were treated the way we treat oil companies? Sure, your honor, I killed a busload of children while driving drunk, but if you make me pay too step a penalty or force me to stop drinking and driving again, I’ll just take my productivity to another country!

Even within the White House, which is supposedly run by anti-business socialists, this skewed mindset has a foothold:

I was on Good Morning America this not-so-good morning, doing what I could. But I was struck by something that George Stephanopoulos said: he claimed to have been speaking to an administration official who asserted that what we need to get businesses investing is for business to know that the government has stopped — presumably, that means no new spending, no new regulation, whatever.

GS is a careful guy, so this must be true. And it’s shocking — not that people are saying this, but that someone inside the administration is saying it.

It’s garbage, of course: businesses are refusing to invest because they don’t see enough demand for their products. And administration economists know that it’s garbage. But obviously some people in the WH — I’m guessing a political person, but who knows — have bought the right-wing line hook, line, and sinker.

In the meantime, while we cower in fear of potentially spooking these fragile businesses who can’t survive unless government becomes completely subservient to their every whim, we can’t even extend unemployment benefits to the folks who aren’t being hired by any of these great, glorious businesses. And this may highlight the full extent of our double-standard. Politicians see spending money on subsidies for oil companies as being necessary to help our economy, but see spending money on the unemployed as a waste, even though the latter belief is completely baseless. It’s as if we could have the perfect economy by keeping the corporations perfectly happy but jettisoning all these pesky human beings weighing down the system.

It may be unfair to single out any one person, but state Sen. Ed Murray deserves a ton of a credit for the successful strategy by which Washington’s legislature has gradually expanded gay and lesbian rights over the past five years.

Rather than going for the big prize — marriage equality — and much to the disappointment of some activists, Murray has promoted a more patient and pragmatic political approach. In 2006, after 30 years of prior failure, Murray led the charge in finally adding sexual orientation to Washington’s anti-discrimination laws, only to follow up a year later by helping to pass our state’s historic domestic partnership bill. In 2008 the Legislature vastly expanded domestic partnerships, and in 2009 Murray helped passed what he dubbed the “Everything But Marriage Act,” granting to domestic partners all of the state rights, responsibilities and protections legally associated with marriage.

Is “Everything But Marriage” really everything but marriage? Symbolically, no, but in a state where just five years ago one could be legally denied a job, a loan or a lease just on the suspicion of being a little faggy, it’s a huge step toward that goal. And, as Murray has pointed out on numerous occasions, calling domestic partnerships “marriage” still wouldn’t afford same-sex partners the many rights and benefits that are denied them under our federal Defense Of Marriage Act.

Until, maybe, today.

In a decision that seemed to take a lot of observers by surprise, a U.S. District Court Judge in Massachusetts ruled part of DOMA unconstitutional in that it interferes with states’ rights to define marriage. And while no doubt litigation will continue for months if not years before the U.S. Supreme Court ultimately settles the question, even the possibility of dismantling DOMA’s restrictions either in Congress or in the courts, is sure to spark demand for full marriage equality here in Washington state.

Is there the political will to take that final step? For the moment, I kinda doubt it. But should the federal DOMA’s demise come sooner than expected, it’s hard to imagine how marriage equality won’t become a dominant issue in future legislative sessions, whatever the political cost.

Lost in the debate over how best to use the remaining two acres of Seattle Center’s Fun Forest is the fact that the site is already home to a popular, rent-paying, job-producing attraction: the, um, Fun Forest.

Yeah sure, I know the hipsters and aging hipsters and yuppies and cultural elitists who dominated last night’s hearing all look down their nose at kitchy amusements and carnival rides, but since the opening days of the 1962 World’s Fair, the Fun Forest has been as much a part of the Seattle Center as the Space Needle that looms above it. And the family owned business that runs it is in no rush leave; they’d love to secure a long term lease, but they’re happy to operate on a year-to-year basis if that’s what works best for the city.

Much was made last night by Chihuly proponents about how their proposal is the only one that won’t require a public subsidy, but even in its reduced footprint, the Fun Forest is already producing about $250,000 a year in rent, taxes and concession fees, while employing 30 people in season. So honestly, what’s the rush?

I know the Fun Forest doesn’t fit into the Master Plan that calls for its removal, but neither does a paid-admission, for-profit glass gallery/gift shop/catering hall. And since it’s already producing revenues while providing residents and tourists a much needed family-friendly amenity, what’s the harm in leaving it in place for another year while we get to have a real public debate about the best use for the site? I mean, it’s not like it’s a vacant lot gathering abandoned cars or homeless encampments. It’s the Fun Forest for chrisakes. Kids love it!

I’m told the Wright family is a bit insulted by the city’s failure to embrace their proposal, and have threatened to pull out if a deal isn’t signed soon. But surely, if Ye Olde Chihuly Shoppe makes such good business sense to them now, it would still make good business sense a year from now, so it’s hard to take such hardball tactics seriously… especially when the guaranteed revenue from their paid admission “museum” isn’t all that much higher than what is already being generated by an attraction that has catered to Seattle families for two generations.

Yeah, I know… it’s hard to take something seriously when it has the word “Fun” in its title. But for all the arguments for and against the Chihuly proposal, I’ve never heard anybody attempt to explain what is so godawful about the status quo.