Supreme Court of WA: The Law Doesn't Mean What It Says Because We Say So

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So there's this law in the State of Washington, passed by the people. It says, in no uncertain terms, that all records of the government are open to the public, unless those records meet "specific exemptions." Notably, there is no specific exemption for the governor's communication with advisors.

But the Supreme Court of Washington ruled today that the written law is wrong, and that even though there is nothing in the state's constitution implying it, that there is a broad and undefined "executive privilege" allowing the governor of the state to keep private many records that the law disallows to be kept private.

Literally, the court had to look to rulings applying to the President and governors of other states, rulings which have no standing in Washington and which are based on laws and constitutions that have no effect in Washington.

The ruling makes no rational or legal sense. The court never actually supports -- using our laws and our constitution -- the notion that our governor has this executive privilege, or that the rules for the President should apply to our governor. They just assert, with no rational basis, that the federal standard should be our standard. The court explicitly takes away the rights of the people without justifying it from the law of the people.

Essentially, the court thinks the governor should have such privilege, therefore, the governor does have such privilege, and damn the details. It's yet another example of how many statists simply hate the rule of law: where they want something the law disallows, they simply ignore the law and make something up that sounds good to people who aren't thinking.

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<pudge/*> (pronounced "PudgeGlob") is thousands of posts over many years by Pudge.

"It is the common fate of the indolent to see their rights become a prey to the active. The condition upon which God hath given liberty to man is eternal vigilance; which condition if he break, servitude is at once the consequence of his crime and the punishment of his guilt."

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This page contains a single entry by pudge published on October 17, 2013 10:42 PM.

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