SMF v. Inslee Appeal
Update from Austin Hatcher, Attorney
Silent Majority Foundation recently filed an appeal in our SMF v. Inslee lawsuit. We wanted to provide a brief synopsis of our appeal directly from Austin Hatcher, Attorney with Silent Majority Foundation. Read below.
SMF is seeking clarity on what exactly the words “when order is restored” mean; throughout the pandemic, Washington courts engaged in the ‘judicial dodge’ of deferring to the governor’s discretion in declaring and ending a state of emergency. Washington law empowers the governor to declare a state of emergency “after finding that a public disorder, disaster, energy emergency, or riot” exists within the state or any part of it. However, the section of Washington law pertaining to proclamations of the governor provides that “the governor must terminate said state of emergency proclamation when order has been restored in the area affected.” While it is not defined, the phrase “when order has been restored” has to mean something; this is basic common sense and a rule of statutory construction. The legislature does not insert meaningless words into statutes.
Further, the words “area affected” must mean something, as those words are used both in describing where the governor’s emergency powers are effective, and in providing a mandatory cessation of the state of emergency when order is restored. The last year of the pandemic saw the return of professional sports. For eight Seattle Seahawk home games at Lumen Field, an average of 68,408 screaming fans attended. The last year of the pandemic also coincided with the inaugural season of the Seattle Kraken, with every home game registering as a sellout with more than 17,000 fans bunched in Climate Pledge Arena. The last year of the pandemic saw the return of postseason play for the Seattle Mariners for the first time since 2001, with more than 44,000 fans attending their last home games of the regular season and the playoffs.
If order had not been restored to that point, with entertainment such as professional sports able to function on such a grand scale, then apparently words do not have any meaning.
-Austin Hatcher, Attorney
Join the effort to fight government overreach in Washington State. Our Donors and members are our plaintiffs, and we need you as we litigate using organizational standing. Show you're part of the SMF lawsuit by selecting a support level below.
General Fund: https://secure.silentmajorityfoundation.org/forms/general-donation--i-sued-inslee
Strong Supporter: https://secure.silentmajorityfoundation.org/forms/strong-supporter
Defiant Declarant: https://secure.silentmajorityfoundation.org/forms/defiant-declarant
Proud Plaintiff: https://secure.silentmajorityfoundation.org/forms/proud-plaintiff
As our efforts continue to fight Governor Inslee's emergency powers in Washington, your support will strengthen our standing and make a difference in what looks to be a continuous effort to defy Inslee's powers. Thank you for your support!
-The SMF Team