Washington |

Supreme Court

Challenges to a Washington state legislative district

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

It’s been a blissful, relist-free month since the court’s last conference. The justices will have a whopping 440 petitions and applications before them on Friday. Only two of those – both involving the same underlying controversy – are one-time relists.

Washington’s bipartisan redistricting commission redrew the state’s 49 legislative districts, including Legislative District … Read the rest

Supreme Court

A Washington send-off for Sandra Day O’Connor

The late Justice Sandra Day O’Connor was celebrated at a memorial service Tuesday as an American pioneer whose mantra when facing legal decisions and life challenges was “get it done.”

“Sandra Day O’Connor, the daughter of the American west, was a pioneer in her own right, breaking down the barriers in the political world and the nation’s conscience,” President Joe Biden said during a two-hour service at Washington National Cathedral. “To her, the Supreme Court was the bedrock, the … Read the rest

Criminal Law

New Washington State Anti-Doxxing Law Raises Concerns Among Left-Wing Activists

A new Washington state law could open a door for anti-fascists to be sued by the very neo-Nazis they’re exposing, Daniel Walters reports for the Oregon Capitol Chronicle. The law allows people to sue a doxxer, someone who releases documents exposing their real identities and a variety of personal information online, if they were stalked, injured, threatened or criminally harassed.

The law’s sponsor, Washington state Sen. Drew Hansen, believes the bill is written narrowly enough that it shouldn’t worry … Read the rest

Supreme Court

Washington residents challenge state’s effort to tax long-term capital gains

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

The Constitution constrains states from excessively burdening out-of-state commerce – a doctrine known as the dormant commerce clause, because it is implicit in the grant of power to Congress to regulate interstate commerce. Five years ago, a divided Supreme Court held in South Dakota v. Wayfair that, under the doctrine, … Read the rest

Criminal Law

The Washington Pardon Derby

The pardon power at the federal or state level has always been corrupt, marred by financial bribes, political favoritism, and abuse of discretion.

That’s because, as The U.S. Supreme Court held in 1974, the pardon power is unfettered. A president under the pardon power granted to them by Article ll, Section 2, Clause 1 of the U.S. Constitution, can grant (or deny) a request for a pardon for any reason or for no reason at all.

Executive clemency will be … Read the rest

Supreme Court

Washington family counselor challenges state’s ban on conversion therapy

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Conversion therapy, the practice of seeking to change a gay or transgender person’s sexual orientation or gender identity through counseling, is outlawed or heavily restricted in roughly half of the country. This week, we highlight cert petitions that ask the court to consider, among other things, whether a Washington state … Read the rest

Criminal Law

Washington State Sets Template for Protecting Kids’ Privacy in Court

This month, the Washington State Supreme Court took a bold step toward protecting children in the legal system.

With a few tweaks to existing court rules, the justices created a new requirement that children faced with criminal charges be identified in court documents by their initials and birthday rather than full name.^[1]

The court hopes protecting identities of children will save these kids from unwarranted long-term consequences.

A main problem with the prior rule—which allowed the regular use of … Read the rest

Civil Law

Washington State to Require Employers to Provide Salary Ranges and Other Compensation Information in Job Postings

On March 30, 2022, Washington Governor Inslee signed into law a bill that will require employers to include a salary or pay range, as well as information about other compensation and benefits, in each job posting. The bill revises the existing state law that requires only that employers provide the minimum wage or salary for a position to an applicant after an offer of employment has been made. The new law takes effect on January 1, 2023.

Specifically, the new … Read the rest