We're not legal experts, but now many are questioning if the State Supreme Court has the legal authority-within the Constitution-to boss the Legislature around.

The Washington State Supreme court, in it's latest actions following the McCleary Educational Decision,  is ordering the state to pay $100,000 a day in sanctions, effective immediately, for it's alleged lack of progress in paying for education.

While some are applauding the ruling, including the powerful WEA (teachers union) who stands to gain financially from the McCleary ruling,  others are questioning whether the court has the legal authority to demand actions from the legislature.

 According to various sources, the court does have the power to force a government officials to do, or not do do, certain governmental actions. But nothing was listed in the sources we looked that give it the power to force the entire legislature to do it's bidding.

The State Constitution will most certainly be examined to see if this another example of one of the three branches of government overstepping it's boundaries. Critics say if the Court can legally get away with this, what is to stop them from undermining other legislative actions?

Of course, lawsuits can be brought against the state that might end up in the Supreme Court, but for the court to act against one of it's brethren government entities is uncharted waters.

The court called for Gov. Inslee to convey a special session to go back to work to find ways to dump several billion more into the educational system.  Legislators did partially fund Initiative 1351 and fully funded the McCleary requirements for this budget period, but in order to satisfy the desires of the WEA and measure supporters, billions in new taxes would have to be raised.

The legislature countered by saying the state simply doesn't have the money. Almost nobody is against funding education, but the WEA and other such supporters fail to grasp the fact that funding their goals would require significant tax increases - something the citizens of Washington state have firmly shown they are against.

 

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