Reply Brief in SMF v. Inslee
Hello SMF family!
Today we are covering the challenge to the constitutionality of actions taken by the state of Washington: Jay Inslee’s use of emergency powers (SMF v. Inslee, which is on Appeal). The reply brief we filed this week in SMF v. Inslee is attached below.
Background of Inslee v . SMF
As you’ll recall, this is the case we’ve brought on appeal challenging two of Inslee’s proclamations when several counties had 0 or very few COVID cases. SMF sought an injunction and declaratory relief. We sought to have the Court declare the Proclamations invalid for the governor’s failure to provide the grounds which serve as a basis to a declaration of an emergency proclamation, as follows: (1) the governor failed to find that a public disorder or disaster exists; and (2) the governor failed to identify the area affected by such disaster/disorder. Importantly, a state of emergency is only effective in the area described in such an emergency proclamation, and the challenged proclamations identified “all counties” of the State of Washington, notwithstanding certain counties that, intermittently, lacked such a disorder/disaster (i.e., several counties with no COVID-19 cases at the time the initial complaint was filed.
While the two challenged emergency orders have been terminated, several questions remain: (1) what are the limitations on the governor’s powers to declare an emergency; (2) what are the required factual findings that serve as a predicate to declare an emergency; and (3) what exactly does the mandatory language requiring that “the governor must terminate said state of emergency proclamation when order has been restored in the area affected” actually mean?
The governor has unilateral and unchecked discretion on declaring a state of emergency, with few limitations on terminating such an emergency, despite a provision that a state of emergency must end when order is restored in the area affected.
In our reply brief filed this week, now we await oral arguments and a determination from the court on the central defense from the State—mootness.
Thank you for your continued support!!!!
God bless,
Team SMF
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