June 30, 2003
Judicial Activism

In 1998, the voters of Washington State passed ballot measure I-200, which stated

The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting
(this explicitly applies to school districts within the state) I-200 passed with 58% of the vote.

On Thursday, the Washington State Supreme Court ruled 8-1 that the Seattle School District may use race as a factor in assigning students to public schools. The majority opinion is a marvel of sophistry and word play that flagrantly mocks the clear intent of I-200, that the state shall not "discriminate against" anybody on the basis of race, ethnicity, etc.

The meaning of 'discriminate against' is less clear.
I guess that depends on what your definition of "is" is. But I think that the parents of any child who doesn't get into her first-choice school because she is the wrong color will understand exactly what "discriminate against" means, as did the 1.1 million people who voted for I-200.

Justices of the Washington State Supreme Court serve for staggered six-year terms. Justices Barbara Madsen and Faith Ireland, who voted with the majority to cast aside the will of Washington's voters, are up for re-election in 2004, as is Justice Richard Sanders, the lone dissenter in this case.

Posted by Stefan Sharkansky at June 30, 2003 07:26 AM
Comments

Good luck trying to defeat a woman incumbent in a statewide campaign in Washington absent a major tempest. Why? Well, in 2000 Susan Owens , an obscure superior court judge from Clallam county (Port Angeles) ran for Supreme Court Justice against a male candidate from Yakima (name escapes me) who had support from the WA bar AND every paper of significance in the state (including the Times and PI). Didn't matter. She carried the big 4 counties (King, Pierce, Snohomish, Kitsap) by a large margin, and that was enough (running in a Presidental year didn't hurt either, since Washington tips [even more] Democratic in those elections).

That's why I keep telling Brother Judd that Jennifer Dunn is the only GOP candidate that can beat Patty "why do they hate us" Murray, since (in theory) she neutralizes the gender issue. George Nethercutt? Remind me again how many Eastern Washington politicians hold statewide office in Washington? [Answer: 0]

Posted by: TimF on June 30, 2003 03:47 PM

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