Apparently weary of being pushed around by the state Supreme Court, some Washington legislators are trying to push back, and that could lead to an interesting constitutional shoving match for the state.
“They are way out of their lane,” state Sen. Michael Baumgartner, R-Spokane, said. “Everyone has to see how this could be abused.” It is unclear whether this came before or after Baumgartner posted a photo of a hammer and a bag of sand, which might or might not have been his way of telling the justices to go pound sand. But Baumgartner’s sentiments are shared by some other members of the Legislature, who raise valid legal questions about the role of the court and the separation of powers.
Two years ago, the state Supreme Court ruled in McCleary v. State of Washington that the Legislature was not living up to its constitutionally mandated obligation to fully fund public K-12 education.
So far, so good. But the justices also maintained jurisdiction over lawmakers’ performance, with Justice Debra Stephens writing in the majority opinion that “the judiciary will retain jurisdiction over the case to help ensure progress in the state’s plan to fully implement education reform by 2018.”