No. 21-849

Slidewaters LLC v. Washington Department of Labor and Industries, et al.

Lower Court: Ninth Circuit
Docketed: 2021-12-08
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: emergency-powers executive-authority legislative-authority legislative-delegation nondelegation-doctrine police-power separation-of-powers state-governance state-of-emergency
Key Terms:
AdministrativeLaw Securities
Latest Conference: 2022-01-07
Question Presented (AI Summary)

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 (OCR Extract)

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?

Docket Entries

2022-01-10
Petition DENIED.
2021-12-15
DISTRIBUTED for Conference of 1/7/2022.
2021-12-10
Waiver of right of respondent Washington State Department of Labor and Industries, and, Governor Jay Inslee, in his official capacity to respond filed.
2021-12-06
Petition for a writ of certiorari filed. (Response due January 7, 2022)

Attorneys

Sildewaters LLC
Timothy Ray SnowballFreedom Foundation, Petitioner
Washington State Department of Labor and Industries, and, Governor Jay Inslee, in his official capacity
Jeffrey Todd Even — Respondent