Slidewaters LLC v. Washington Department of Labor and Industries, et al.
AdministrativeLaw Securities
Does a state legislature's delegation of unlimited and inherently legislative police power to a state executive violate the separation-of-powers, even given a perpetual-state-of-emergency?
QUESTION PRESENTED The Washington State Legislature delegates all police power and legislative authority to its governor in times of emergency. This delegation is in no way limited by any intelligible principle beyond the simple phrase “that the governor must terminate said state of emergency proclamation when order has been restored in the area affected.” RCW 43.06.210. As seen throughout the COVID-19 pandemic, this blend of legislative and executive authority has been unfettered, permitting the governor to extend the selfproclaimed state of emergency without any recourse, and grant any authority to state agencies to make and execute laws as they see fit. A panel of the Ninth Circuit upheld this limitless delegation as perfectly compatible with separation of powers principles. The Question Presented in this Petition is: Does a state legislature’s delegation of unlimited and inherently legislative police power to a state executive violate the separation of powers, even given a perpetual state of emergency?