The Washington Supreme Court and the State Constitution: A 2010 Assessment
White Paper on Washington State Supreme Court
White Paper on Washington State Supreme Court
The Washington State Supreme Court plays an important role, often affecting the lives of Washington's citizens in profound and intimate ways. The Washington Supreme Court and the State Constitution: A 2010 Assessment examines the court's record in three specific areas in which it must pay particular attention to the state constitution and the limits it imposes upon state and local government. These three areas are property rights (particularly in relation to the power of eminent domain), the Washington Constitution's Privileges or Immunities Clause, and individual liberties. In examining the Court's jurisprudence in these three areas, the paper addresses the extent to which the Washington Supreme Court has applied precedent, the text and original meaning of the Washington Constitution, and provisions of the Federal Constitution.
Senior Attorney, Institute for Justice
Michael Bindas is a senior attorney with the Institute for Justice (IJ) and leads IJ’s educational choice team. In this role, he oversees a talented group of IJ attorneys who help policymakers design constitutionally defensible educational choice programs and who defend educational choice programs in courtrooms nationwide. He joined IJ in 2005.
Michael was part of IJ’s litigation team in Espinoza v. Montana Department of Revenue, in which the U.S. Supreme Court held the exclusion of religious options from Montana’s educational choice program unconstitutional, and he led IJ’s defense of the Choice Scholarship Program for elementary and secondary students in Douglas County, Colorado. He also successfully challenged Washington’s denial of special education services to children in religious schools, as well as the state’s exclusion of sectarian options from its state work study program. Currently, he leads IJ’s team in Carson v. Makin, challenging Maine’s exclusion of religious options from its educational choice program.
Prior to leading IJ’s educational choice team, Michael litigated extensively to secure economic liberty, property rights, and freedom of speech throughout the nation. He was counsel of record at the U.S. Supreme Court for Kimbrough Fine Wine & Spirits in Tennessee Wine and Spirits Retailers Association v. Thomas, a successful challenge to Tennessee’s durational residency requirements for retail liquor licenses. He also led successful challenges to the municipal sign codes of St. Louis, Mo. and Norfolk, Va., after those cities attempted to silence protests of their abusive eminent domain practices.
Prior to joining IJ, Michael spent three years as an attorney with Perkins Coie LLP. He is a former law clerk to Judge Rhesa Hawkins Barksdale of the U.S. Court of Appeals for the Fifth Circuit and served as an engineer officer in the United States Army and Pennsylvania Army National Guard before beginning his legal career.
Michael received his law degree cum laude from the University of Pennsylvania Law School in 2001, where he served as Articles Editor for the Journal of Constitutional Law and was elected to the Order of the Coif. He received his undergraduate degree from the United States Military Academy at West Point in 1995.
Executive Vice President, Mackinac Center for Public Policy
Michael J. Reitz is executive vice president of the Mackinac Center for Public Policy, where he oversees execution of the Center's strategic plan. The Mackinac Center is an independent, nonprofit research and educational institute based in Midland, Michigan, with the mission of improving the quality of life for all Michigan citizens by promoting sound solutions to state and local policy questions.
Prior to joining the Mackinac Center in 2012, Reitz spent eight years with the Freedom Foundation in Washington state as its general counsel and director of labor policy. Reitz established the Freedom Foundation’s Theodore L. Stiles Center for Liberty, where he litigated for accurate elections, defended the First Amendment rights of individuals, fought against governmental abuses of power and wrote extensively on constitutional law. Reitz championed a number of reforms to modify public-sector collective bargaining and to protect workers from coercive union monopolies.
An advocate of accountable government, Reitz has worked actively to promote transparency in state and local government, serving on the board of the Michigan Coalition for Open Government, a nonprofit organization that educates citizens about their rights to access public records and attend public meetings. While in Washington state, Reitz led a research and litigation effort to expose the governor's secretive practice of withholding records under claims of executive privilege.
Reitz frequently comments on public policy issues and has been cited by The Wall Street Journal, the Los Angeles Times, The Boston Globe, The Seattle Times and other publications. He is a co-author of "To Protect and Maintain Individual Rights," a reference guide to the Declaration of Rights in the Washington Constitution. Reitz received his law degree from Oak Brook College of Law and Government Policy. He is a member of the Washington bar and is admitted to practice before the U.S. Supreme Court and the U.S. Court of Appeals for the Ninth Circuit.
Professor, Gonzaga University School of Law
Law clerk for Justice Stephen Bistline, Idaho Supreme Court, 1979-80; in private practice with Lukins & Annis, P.S., Spokane, (1980-84); assistant professor, Oklahoma City University (1984-87); Senior Fellow, Discovery Institute, Seattle, Washington.