Who is the ‘we’?
I understand state AG Rob McKenna’s predictable talking points espoused in his “con” position. [“Sections of new law violate the Constitution,” Opinion, April 4.]
UW law professor Stewart Jay’s reference to long-standing constitutional precedent and the law was substantive and most helpful. His comments on proper vetting and forums were also on point.
But what I don’t get in McKenna’s piece is: Who is the “We” in the “We are also concerned”? It apparently did not include the governor, members of the Legislature and other state officers.
The attorney general mentions his duty per his oath of office. His oath of office also requires him to abide by RCW 43.10.030; to wit: “The attorney general shall … consult with and advise the governor, members of the Legislature and other state officers and when requested, give written opinions upon all constitutional or legal questions relating to the duties of such officers.”
Seems clear and appropriate to me; it appears this did not happen.
So, who is the “we” and why? Also, why did McKenna not do his duty per RCW 43.10.030?
I can answer those questions, but it would have been best had the attorney general been upfront and chosen to address this highly questionable aspect of his actions.
His actions were transparent, purely partisan and constituted a violation of his oath of office. I would encourage him to correct my assessment of his questionable, unilateral initiative and fully disclose the untold portion of his story.
— Dave Stromquist, Tacoma
Law school professor’s conclusion laughable
The commentary by Stewart Jay, UW Law School professor, argued “New health-reform law is definitely constitutional.”
His capacity for fair judgment was discredited by his laughable conclusion that, “the attorneys general … are asking unelected judges to stop a program that has been fully aired in the political process.” On the contrary, the esteemed speaker of the House, while encouraging favorable votes, said the content of the bill will be learned after it is passed.
His sense of validation for things “fully aired in the political process” should actually offer support for state AG Rob McKenna’s position of responsibility for conducting the public’s legal affairs, having endured very public exposure and endorsement of election processes.
Finally, I have to wonder what is so feared from pursuit of a court decision over the health-reform law’s validity if the supporters are so confident of its legality.
— Bruce Martin, Bainbridge Island
Jay shouldn’t rely on precedent; McKenna moved by politics
Regarding the companion opinions of state AG Rob McKenna and law professor Stewart Jay, I have a problem with each.
Since precedent means nothing to the current Supreme Court majority, Jay is wrong to rely on 70 years of precedent.
McKenna is being disingenuous in claiming that he is bound to bring an action where there is an arguable violation of the Constitution. If that were true, he would have long ago brought charges against Bush administration war criminals and perjurers because the impact of their acts on Washington state were substantial.
McKenna is simply motivated by politics. That is even clearer when one looks at the Washington State constitution and statutes that dictate the authorities of executive branch officers and the attorney general.
— George Robison, Gig Harbor