MYNORTHWEST NEWS

State Supreme Court rules that Gov. Inslee overstepped his authority on veto of 2019 bill

Nov 10, 2021, 1:15 PM | Updated: Nov 11, 2021, 7:51 am

Gov Jay Inslee veto...

Gov. Jay Inslee. (Office of the Governor, Facebook)

(Office of the Governor, Facebook)

In a 7-2 decision on Wednesday, the Supreme Court of Washington State affirmed a lower court decision, ruling that Gov. Jay Inslee’s veto of a single sentence in a 2019 transportation budget bill was an illegal move that operated beyond his authority.

Lawmakers disappointed by Gov. Inslee’s veto pen

At issue was Inslee’s veto of a line that would have barred state transportation officials from considering different fuel types as a factor when selecting grantees for some programs. The governor argued it was within his authority to use partial vetoes on appropriations – but the courts disagreed.

Justices wrote that the Legislature enacted the fuel type condition under its constitutional authority to appropriate funds and control how those funds are spent, and that Inslee had exceeded his authority in striking the provision down with his veto pen.

“This case requires the court to exercise two of our most fundamental duties: to ‘delineate and maintain the proper constitutional balance between the coordinate branches of our State government with respect to the veto’ and, more broadly, to interpret the constitution faithfully,” the ruling reads. “We hold that the Washington Legislature enacted the fuel type condition pursuant to its constitutional authority to appropriate funds and to control the expenditure of those funds.”

Penning a dissenting opinion was Justice Mary Yu, who argued that in this particular case, the courts should “reject our precedent.”

“Today, I believe the majority shifts the balance of power too far in favor of the legislature, and it does so in a footnote based on dicta from another footnote,” Justice Yu said. “I would reverse the trial court and hold that the governor’s veto of the fuel type condition here was a valid exercise of the constitutional line item veto power.”

Inslee cap-and-invest proposal draws criticism from environmentalists

This instance in 2019 wasn’t the only time Gov. Inslee clashed with state lawmakers over a line-item veto in transportation legislation. In 2021, the governor struck down part of a bill that would set a goal to end the sale of new gas-powered cars by 2030, contingent on having at least 75% of registered vehicles in the state participating in a yet-to-be-completed pay-per-mile road usage charge.

Explaining his decision on the veto, Inslee indicated that while he supported phasing out gas-powered vehicles, such a measure shouldn’t be tied to a pay-per-mile system that has yet to be fully realized.

State Senate Transportation Committee Chair Steve Hobbs criticized the move at the time as “illegal.”

“It blows up the trust, compromise that we try to give these bills together. It’s very disappointing,” Hobbs said in May of 2021.

KIRO Radio reporter Hanna Scott contributed to this report.

Please follow our Community Guidelines

MyNorthwest News

The I-90 floating bridge across Lake Washington. (Photo: Getty Images)...

Tom Brock

Search for a missing man in Lake Washington called off after extensive water and air sweeps

The Coast Guard and the Mercer Island Police Marine Patrol called off a search for a man who apparently fell off a boat on Lake Washington.

53 minutes ago

seattle own a car expensive...

MyNorthwest Staff

Seattle ranks sixth-most expensive city to own a car in the U.S.

Seattle is the sixth-most expensive city to own a car, a new study revealed. Philadelphia, New York, Chicago, Los Angeles, and Houston rounded out the top five.

8 hours ago

Mayor wilson Katie Wilson shon barnes fired resignation agreement...

Frank Lenzi

Shon Barnes resignation agreement: former Seattle Police Chief gets $590,000, keeps signing bonus

Former Seattle Police Chief Shon Barnes will receive $590,000 as part of his resignation agreement.

16 hours ago

US Department of Education...

KIRO 7 News Staff

WA superintendent responds to ‘sham’ investigation by US Department of Education

The U.S. Department of Education is requesting information from California and Washington on what it called “transgender policies” in schools.

20 hours ago

sound transit 3 ballard light rail 2042...

Frank Lenzi

Ballard light rail ‘not dead’: Sound Transit targets 2042 for Market Street service

The Ballard light rail is not dead, according to Seattle City Councilmember and Sound Transit Board Member Dan Strauss.

21 hours ago

seattle police bodycam bite of seattle shooting...

Julia Dallas

VIDEO: Police release bodycam footage from Bite of Seattle shooting, arrest

The Seattle Police Department released bodycam footage from a gang-related mass shooting at the Bite of Seattle on Sunday.

22 hours ago

State Supreme Court rules that Gov. Inslee overstepped his authority on veto of 2019 bill