Supreme Court agrees to hear appeal of Judge Heller’s decision in LEV v. State

As expected, the Washington State Supreme Court has agreed to hear an appeal of Judge Bruce Heller’s May decision striking down Tim Eyman’s Initiative 1053 in its entirety. The appeal was filed by Attorney General Rob McKenna’s office, which is defending the state against the lawsuit.

In a two-page order, the court unanimously accepted the case for review, but refused to grant McKenna’s request for a stay of Judge Heller’s decision. What that means is that Judge Heller’s decision will remain in force for the time being. I-1053 is not in effect; if Governor Gregoire called the Legislature into session next week, the Legislature could democratically raise revenue by majority vote like it’s supposed to be able to do.

The text of the order was as follows:

This matter came before the Court on its July 11, 2012, En Banc Conference and the Court having unanimously determined that the following order should be entered:

Now, therefore, it is hereby

ORDERED: The above reference matter will be retained for decision by the Supreme Court. The RESPONDENT’S MOTION FOR EXPEDITED REVIEW is granted. The STATE’S MOTION FOR STAY PENDING APPEAL is denied.

DATED at Olympia, Washington this 12th day of July, 2012.

For the Court,

Barbara Madsen
Chief Justice

The Court will likely hear oral arguments in the case sometime during the fall.

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