School Funding Lawsuit Prompts Hearing On Separation Of Powers

By Austin Jenkins

The Washington Supreme Court could hold state lawmakers in contempt over school funding. But is the high court overstepping its bounds? A Republican-led legislative panel held a hearing Monday on separation of powers.

The three branches of government is something you learn about in school. But now some Washington state lawmakers are getting a refresher course. Separation of powers was on the agenda for a special meeting of Washington’s Senate Law and Justice Committee. Republican Mike Padden is the chair. He posed this question to a representative from the Attorney General’s office.

Mike Padden: “Do you think the court is aware that one legislature cannot bind a future legislature?”

Yes, replied Dave Stolier from the Attorney General’s office. But he noted it was the legislature, not the court that defined what constitutes a basic education.

Dave Stolier: “When you decide what it takes to meet the constitutional duty, what basic education is going to look like, you can’t back track.”

The Washington Supreme Court has retained jurisdiction in the McCleary school funding case. The court is clearly not happy with the legislature’s progress toward full funding. Just last week, the chief justice ordered the “state” to a contempt hearing in September.

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