January 11, 2007
McKenna 1, WEA, 0

Seattle Times: "State gains steam in union case before high court"

The Supreme Court appeared ready Wednesday to reject claims that the First Amendment prohibits Washington state from forcing unions to get permission before spending some of the money they collect on political causes.
A confusing lede, but it means that Attorney General Rob McKenna did a fine job of representing the people of Washington against the greedy goons in the WEA. In Justice Kennedy's words:
"States have considerable discretion in determining how to protect federal constitutional rights, It seems to me that Washington acted quite properly in saying we will use this mechanism in order to protect our workers' First Amendment constitutional rights."
A complete transcript of the oral arguments is here.

More here.

Posted by Stefan Sharkansky at January 11, 2007 11:00 AM | Email This
Comments
1. WOOT!

Posted by: Hinton on January 11, 2007 10:55 AM
2. This could be the beginning, the very beginning, of true educational reform in Washington State. Congrats Mr. McKenna!

Posted by: Doc-T on January 11, 2007 11:36 AM
3. I know EXACTLY what the union leaders are going to say:

"Say, WA?"

Posted by: Walters on January 11, 2007 11:37 AM
4. Rob McKenna should have a bright future one way or another.

If not Governor or Senator, I hope he's AG of the USA sometime, or perhaps a federal judge.

Posted by: Cliff on January 11, 2007 11:45 AM
5. If Kennedy is saying that, is seems a done deal.

Posted by: Al on January 11, 2007 11:46 AM
6. McKenna for Govenor

Posted by: Monroe Parent on January 11, 2007 11:47 AM
7. If SCOTUS rules against the unions as predicted, isn't that more of an indictment of the WA State Supremes and how deep-in-the-pocket of special interests they are? Just an election cycle too late.

Posted by: John425 on January 11, 2007 12:01 PM
8. The following are complete transcripts of WEA's brief and oral plea:

Pleading Document: "It's for the kids."

Oral Plea: "It's for the kids."

Posted by: Tyler Durden on January 11, 2007 12:13 PM
9. I love this exchange:

Alito: But is the State Supreme Court in a position to determine why they voted for it?
McKenna: They simply hold, Your Honor, in their opinion that this is what the voters intended.
Alito: How do they know that?
McKenna: I don't know how they know it, Your Honor.

And neither does anybody else, Rob. It's like magic. The State Supreme Court determines voter intent right out of thin air ... well, as long as it fits their agenda of course.

You know it's bad for the WEA when Ginsburg, Ginsburg!, is asking WTF?

Posted by: jimg on January 11, 2007 12:46 PM
10. After the dreadful Kelo decision that is stealing people's property and livelihoods as we speak, this is a refreshing, and welcome, change.

Posted by: G Jiggy on January 11, 2007 01:00 PM
11. Thank you, Rob. We're proud of you!

Posted by: Michele on January 11, 2007 01:07 PM
12. WEA will lose by at least 8-1. McKenna was just O.K. in his argument, but the WEA was horrible. Biggest reason is that the constitution, the law and the facts favor McKenna's position. It's not because McKenna ws all that good.

Posted by: Don on January 11, 2007 02:02 PM
13. Maybe so, Don, but could YOU go up in front of the Supreme Court of the United States and argue a case? If you're a trial lawyer, maybe so. But the rest of us see it as a pretty daunting task not for the faint-hearted.

Posted by: Misty on January 11, 2007 03:29 PM
14. This sentence from the Times article slays me:

"Lawyers for the state, backed by the Bush administration..."

It's as if Stephen Henderson's editor sent his rough draft back to him with the comment "You forgot to implicate Bush--how about inserting this?"

How stupid must the Times think their readers are?

Posted by: Organization Man on January 11, 2007 05:05 PM
15. Misty,

McKenna performed badly enough the justices had to help him out with his argument repeatedly. They were tossing him softball questions and he was wiffing on them. It was painfully obvious when reading the transcript of the rebuttal part of his argument. And yes, I could have done better. The issue was very simple and had little to do with election law, as McKenna tried to emphaxize. This was almost exclusively a Fisrt Amendment case.

The WA SC is an embarassment. In the past few years, it has been reversed on a number occasions. It is rapidly becoming a state supreme court with a similar reputation as the US 9th Circuit.

Posted by: Don on January 11, 2007 05:12 PM
16. Misty,

McKenna performed badly enough the justices had to help him out with his argument repeatedly. They were tossing him softball questions and he was wiffing on them. It was painfully obvious when reading the transcript of the rebuttal part of his argument. And yes, I could have done better. The issue was very simple and had little to do with election law, as McKenna tried to emphaxize. This was almost exclusively a Fisrt Amendment case.

The WA SC is an embarassment. In the past few years, it has been reversed on a number occasions. It is rapidly becoming a state supreme court with a similar reputation as the US 9th Circuit.

Posted by: Don on January 11, 2007 05:14 PM
17. Misty,

McKenna performed badly enough the justices had to help him out with his argument repeatedly. They were tossing him softball questions and he was wiffing on them. It was painfully obvious when reading the transcript of the rebuttal part of his argument. And yes, I could have done better. The issue was very simple and had little to do with election law, as McKenna tried to emphaxize. This was almost exclusively a Fisrt Amendment case.

The WA SC is an embarassment. In the past few years, it has been reversed on a number occasions. It is rapidly becoming a state supreme court with a similar reputation as the US 9th Circuit.

Posted by: Don on January 11, 2007 05:15 PM
18. Misty,

McKenna performed badly enough the justices had to help him out with his argument repeatedly. They were tossing him softball questions and he was wiffing on them. It was painfully obvious when reading the transcript of the rebuttal part of his argument. And yes, I could have done better. The issue was very simple and had little to do with election law, as McKenna tried to emphaxize. This was almost exclusively a Fisrt Amendment case.

The WA SC is an embarassment. In the past few years, it has been reversed on a number occasions. It is rapidly becoming a state supreme court with a similar reputation as the US 9th Circuit.

Posted by: Don on January 11, 2007 05:15 PM
19. How do you judge the professional credibility of someone who "quad posts"? I wouldn't trust you to take out McKenna's waste basket from your post Don.

Posted by: Huh? on January 11, 2007 05:23 PM
20. Huh,

Are you talking about the same McKenna who claims the separation of powers doctrine bars the prosecution of a judge who commits a crime?

Posted by: Don on January 11, 2007 05:55 PM
21. This predicted ruling against the WEA will make the State Supreme Court look like buffoons, which except for Jim Johnson and Richard Sanders - they are !

Way to go - ignorant voters who voted for the leftist incumbents You were gullible enough to believe that they care about you !

Groen and Alexander would have served you better - wonder if they will ever learn ?

Posted by: KS on January 11, 2007 07:20 PM
22. The WA SC is an embarassment.

And that's what you should be focusing on, Don.
Not the AG who's arguing the case.

Posted by: jimg on January 11, 2007 07:35 PM
23. KS,

I think you meant to write Groen and Johnson. Those two have only themselves to blame for losing their elections. They could have won by a landslide, but they were cowards.

Posted by: Don on January 11, 2007 08:24 PM
24. Don,

How were they cowards? I'm not sure I understand what you are talking too. Did they back down from debates or did they not meet you after school by the bike racks?

Posted by: Dengle on January 11, 2007 08:58 PM
25. Maybe Dave Mathews morphed into Don for this post.....

Posted by: Chris on January 11, 2007 09:11 PM
26. Yes, I meant Groen and Johnson. So, how were they cowards, Don ?
I would be surprised if you can give a coherent argument about this - typical socialist wack-job response !

Posted by: KS on January 11, 2007 09:55 PM
27. KS and Dengle,

Groen and Johnson were cowards because they had proof that their opponents have committed violations of Title 18 US Code 1962 (c) and (d) - RICO, and refused to use that information. They both admitted to having the knowledge, but were more interested in protecting a corrupt judiciary than exposing it.

Want proof of it? Just go to the state supreme court web site and try to find any info on Case No. 77345-9- In re: Recall of Christine Gregoire. You will find nothing. If you read the case file, you would understand why the WA SC has hidden the very existence of the case. Good luck trying to find any published decision in that case, even if the Washington Constitution, the statutes and the court's own rules required that it be published.

Johnson and Groen were emailed copies of the briefs and the other most important documents filed in the case. I talked to both of them for an extended period of time, and they both recognized the significance of the case. They were not confused and they understood the implications if the judicial corruption was exposed.

Read the file. If you want, I can email the briefs to you. Ask yourself why they are hiding the case if it had no merit. the reality is, the facts are indisputable and the publication of the facts would bring down every member of the WA SC, Gregoire and McKenna. Explain to me why McKenna would claim that the separation of powers doctrine bars the prosecution of judges who commit crimes? I have that statement in writing from his office.

Posted by: Don on January 11, 2007 11:37 PM
28. Don,

Thanks for the context.

Did you ask them why they wouldn't bring this up?

Also, is this something that you can bring up or any citizen? Have you taken that to the papers or US Attorney? It would seem that your information would be a good story (well maybe not to the fishrags in this city :-)) and something that our government attorney would want to know as well.

Maybe you can also do a full post on it in the SP Public Blog.

Posted by: Dengle on January 12, 2007 07:49 AM
29. In my recollection, Dengle, someone did indeed file a lawsuit and was tossed out. In typical government fashion they painted the suer as a partisan whacko with an axe to grind. I don't know if this was Don or not and I don't know the validity of the argument.

From what I read, Don's argument had merit, but I don't think it had enough proof.

Posted by: swatter on January 12, 2007 08:15 AM
30. Don, when are you running for Attorney General?

Posted by: Misty on January 12, 2007 10:24 AM
31. The National Right to Work Foundation's attorneys really teed this whole case up. They represented the teachers and laid out the most aggressive argument: that the constitution bars the opt-out requirement altogether. These are NON members after all, and but for the actions of the state legislature, the union would not have an entitlement even to collect forced dues for collective bargaining. If the court goes this far, it will be a major breakthrough -- a quantum leap beyond Washington's well-meaning, but ineffective, paycheck protection law. That law only reversed the burden of opting out as to $10 to $25 bucks, for goodness sake. The WEA admits to at least $200 spent on politics and other non-bargaining.

Posted by: Stefan Gleason on January 13, 2007 06:42 AM
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