MORT'S MUSINGS

CONSTITUTIONAL RIGHTS #3. POTUS V. SCOTUS 5.31.20 OK, this one's going to be interesting to follow. Will the current Supreme Court maintain the precedent set by previous courts that American presidents are not immune from prosecution and must respond to properly issues grand jury proceedings, as it did in the Nixon and Clinton cases? Or will the Supreme Court now abandon that precedent in order to protect the current president from the same due process demands? ------------- Oral arguments are not the only sounds that will be heard by the Supreme Court next Tuesday. There will also be the fluttering of chickens coming home to roost. Before congressional Republicans fell in love with their current leader, they embraced a principle from which he claims to be exempt. His Republicans, who believe nothing displeasing to him and everything convenient for him, are now required to believe this: A president should be “categorically immune” to grand jury subpoena

On Behalf of WEA’s More Conservative Members #24 Why I’ve Decided to Support Kim Wyman, Despite WEA’s Failure to Endorse Her for a Third Time. 5.29.20 Although WEA PAC endorsed Kim Wyman for Secretary of State in 2012 & 2016, it has chosen not to in 2020. On June 2nd at 7am (our time), the Eagleton Institute of Politics at Rutgers University will hold a panel discussion entitled “Vote-By-Mail: Protecting the Ballot during COVID-19”. Two public officials will be participating. Joanne Rajoppi, Clerk, Union County New Jersey and Secretary of State Kim Wyman of WA State. That’s right. The public official who knows more about Vote-By-Mail than any other and was recruited for this event is our own Secretary of State, Kim Wyman. The candidate WEA PAC chose not to endorse will be one of four panelists. The candidate WEA PAC chose to endorse has never run an election in her life. I am at a loss to understand why WEA PAC chose her over Kim Wyman. If you are interested, you c

On Behalf of WEA’s More Conservative Members #23 WEA Endorses Five Legislative Incumbent Republicans 5.27.20 This is the fourth and last in a series of postings about Republican Incumbents WEA has endorsed. Rep. Matt Boehnkey Matt Boehnkey (pronounced BAY-nkee) is the newest of the Republican endorsees and was elected to the 8th District in 2015 to an open seat vacated by the departure of Rep. Larry Haler. Boehnkee was raised in Kennewick, graduating from Kamiakin High School in 1986. He spent 21 years in the service, rising to the rank of Lieutenant Colonel before retiring and moving back to Kennewick. Since 2015, Matt has served as the director and lead professor of the cybersecurity division at Columbia Basin College. He also owns a cybersecurity consulting business. Before joining the Legislature, he served for three years on the Kennewick City Council. He is serving on three committees, including in a leadership role as the assistant ranking member of the House Innovation

Prospects for a Special Session? #1 Two Major Uncertainties One of the primary tasks of the short session of the Legislature is to pass the Supplemental Budget. This budget takes into account the state of the economy, as well as areas that need improvement and/or the need to make cuts. According to House Minority Leader Rep. JT Wilcox, “Due to a strong economy, skyrocketing tax collections and fewer people needing state services, the operating budget has a $2.4 billion surplus — providing budget writers with countless options and enormous flexibility.” And he urged the budget writers not to spend all of that surplus. There are essentially two reasons for that: 1] Spending all of the surplus can result in creating a budget that is unsustainable with future revenues. 2] There were, according to Wilcox, two major uncertainties we needed to consider. First was the “uncertainty around the repercussions Boeing is facing over its grounded 737 MAX.” The loss of that source of t

On Behalf of WEA’s More Conservative Members #22 WEA Endorses Five Legislative Incumbent Republicans 5.25.20 This is the third in a series about Republican legislators endorsed by WEA. Rep. Skyler Rude Born, raised and educated in Walla Walla, Rep. Skyler Rude has spent his adulthood finding ways to serve his community. In 2015, he went to work as College Place Senator Maureen Walsh's legislative assistant. During his time in that position, he learned to navigate the legislative process and worked on issues that directly affected his district. In 2019, Rude was sworn in as a state representative for the 16th Legislative District, which includes all of Columbia, Walla Walla and parts of Benton and Franklin counties. Rep. Rude serves on the Education, Rules, and Appropriations Committees and is Assistant Ranking Minority Member of Appropriations. When Rep. Rude offered to job shadow teachers and staff, six schools districts took him up it; Finley, Starbuck, Waitsburg, Ke

To: Liv Finne @ Washington Policy Center #3 “WEA union is seeking protection from COVID-19 budget cuts” 5.24.20 I hope this comment finds you well and surviving in these uncertain times. I couldn’t help wondering…..?  Does someone else write you article’s headlines?  I believe I’ve mentioned this before.  At issue is the disparity between the assertions in the headline and those that are documented in the article.  This headline plainly claims that WEA has taken proactive measures to insure their recently legislated benefits are not subject to the inevitable cuts that will be coming down the line.  However, your blog posting does not support that assertion.  In the text of your blog posting, you mention WEA three times.  Let’s look at each quote:   “ Favored groups that benefit from this public spending, like the powerful WEA union, no doubt would like to “shelter in place” when it comes to budget pain.”   You said WEA “no doubt would like to ‘shelter in place

On Behalf of WEA’s More Conservative Members #21 WEA Endorses Five Legislative Incumbent Republicans 5.22.20 This is the second in a series on WEA PAC Republican Endorsements. Today, we will look at two 35th District Legislators: Rep. Drew MacEwen & Rep. Dan Griffey. Rep. Drew MacEwen Drew MacEwen was first elected to the House in 2012, and is currently serving as the Republican Caucus Assistant Floor Leader. He is also the ranking member of the House Commerce and Gaming Committee, and the Assistant Ranking Member of the House Appropriations Committee. MacEwen was the sole sponsor of EHB 2040, concerning nonhigh school districts and which WEA supported. MacEwen served in the United States Navy for six years, where he served in the submarine force and completed five strategic deterrent patrols on two different Ohio-class submarines, the USS Nevada and the USS Florida. He first developed a strong bond with western Washington after being stationed at Naval Base Kitsap. Mac

On Behalf of WEA’s More Conservative Members #20 WEA Endorses Five Legislative Incumbent Republicans 5.20.20 I was informed recently that among WEA PAC Legislative Endorsements are five incumbent Republicans. In the next few weeks, I will introduce you to each of them. First. let’s look at Rep. Paul Harris, a Vancouver Republican in the 17th District. Harris first took office in 2010 and is now House Republican Caucus Chair and a member of the House Education & House Rules Committees. In addition, Harris was on the Evergreen School District’s Board for 10 years and co-chaired the McCleary Education Funding Task Force. “Reaching an education funding solution was difficult and required great collaborative work from all those involved. It feels great to come up with what I believe is a plan that puts a solid education foundation in place for our students and educators while strengthening the opportunity for them to succeed,” said Harris. In 2017, he received the “Y Legislat

On Behalf of WEA’s More Conservative Members #19 WEA & NEA Exemplars 5.18.20 If I had a dollar for every time I’ve heard someone say or read someone write, “Teachers’ Unions are only about demanding more money and protecting bad teachers”, I’d be dictating this blog to my secretary. Yes, I’m that old! But here I am at my keyboard, so let me tell you something you may not have seen or heard. WEA, it’s local associations, and NEA constantly seek to identify and tell others about members who are exemplars. These efforts recognize professionalism and set the bar of other members. In this case, the exemplar is WEA’s candidate for the NEA Foundation’s Award for Teaching Excellence. Let me introduce Kanoe Vierra, English teacher and Dean of Students at Scriber Lake High School in Edmonds. Hoʻoponopono Vierra’s teaching is rooted in traditional Hawaiian culture, Hoʻoponopono, to make things right, to restore relationships that have gone bad, to help individuals understand and in

On Behalf of WEA’s More Conservative Members #18 An Example of When One Member Brought about Change. 5.15.20 My second example is an NEA RA New Business Item that called for NEA members to encourage law enforcement officers and other public servants to refuse to cooperate with federal officers in enforcing immigration laws. Delegates were being asked to encourage teachers, counselors, administrators, police officers and other public official to break the law. You may think what you like about the concept of sanctuary cities or schools, but this was a major policy violation for NEA. And that would be the battle field upon which the issue was decided. One member was recognized to speak and asked the chair a question, “Did urging members to break the law violate NEA RA floor rules and, if it did, would the chair please rule this NBI “out of order”. After lengthy discussion behind the podium, the chair came back and ruled that the NBI did, indeed, violate NEA floor rules and then h

On Behalf of WEA’s More Conservative Members #17 One Example of When We Failed and What Happened Next 5.13.20 When a local association became embroiled in a legal controversy, the local president and the association’s UniServ Rep engaged in what one could only call “witness tampering”. The matter was being handled through legal channels and three of the association’s teachers were told by the association president that their future membership in the association depended upon what they said when they testified. I know what your thinking right now. How does he know? That’s a fair question, but I’ll not be revealing names of people or the association. Suffice it to say I knew all three of those teachers personally and was a spectator in the entire process. The testimony was given before a hearing officer and the matter at issue was decided. But the act of “witness tampering” still remained, although it had not influenced the outcome because the teachers testified exactly as the

On Behalf of WEA’s More Conservative Members #16 How Was That Decision Made? 5.11.20 I can’t believe they did that! Have you ever had that reaction upon learning of a decision by a group in which you are a member? I know I have. In my earlier, wilder, greener years, the Irishman in me usually won out and I went ballistic. The change came when my local association’s Rep Council voted to contribute to a fund in memory of Christine McAullife, the teacher who died in the explosion of the Challenger. I remembered that McAullife’s nomination as an astronaut was Pres. Reagan’s sole education plank in his bid for re-election in 1984. I spoke against the motion and lost, as you can imagine, Big Time! While other business was being carried on, I was occupied with mulling over my action. When the opportunity came, I asked for a reconsideration of the motion. Not to oppose it again, but to make the decision unanimous. Yes, I had been the only no vote. Was I still upset that Pres.

Controlling the Message #1 Sandia National Laboratories & Center for Disease Control 5.9.20 I wonder how many of my readers remember the “Nation at Risk” and a followup report, commissioned by the H. W. Bush administration and produced by the Sandia National Laboratories. Given the task of producing a scientific and mathematical report that supported the Bush Administration’s “Nation at Risk” Report, the study produced by the Sandia Laboratories found quite a different story. When word got out that the report was contradictory to the Executive Branch’s conclusions and proposals, the scramble to minimize the damage began. It was the first time I’d ever read the word ‘refereeing’ in regard to modifying a written document. When ‘refereeing’ failed to produce enough change, the report was buried. Unfortunately, or fortunately, depending upon your perspective, much of the report had already come out in journals and gatherings of professionals. Kind of like shutting the barn

Constitutional Rights Under Color of Law v. Executive Stay At Home Orders (Continued) 5.8.20 Thank you to Dr. Tom Carter, retired Northshore School District Civics, Economics, and History teacher, for bringing this information to our attention. “The liberty secured by the Constitution of the United States does not import an absolute right in each person to be at all times, and in all circumstances, wholly freed from restraint, nor is it an element in such liberty that one person, or a minority of persons residing in any community and enjoying the benefits of its local government, should have power to dominate the majority when supported in their action by the authority of the State.” U.S. Supreme Court Jacobson v. Massachusetts, 197 U.S. 11 (1905) https://supreme.justia.com/cases/federal/us/197/11/ In this case, the US Supreme Court upheld a Massachusetts mandatory vaccination statute. If such a statute can be upheld for the health and benefit of the community, does it not

Constitutional Rights Under Color of Law v. Executive Stay At Home Orders 5.6.20 Do the executive orders of a governor, in this case WA Gov. Jay Inslee that people stay at home and practice social distancing as part of the Covid-19 solutions, violate citizens Constitutional Rights? The legal issue is “Deprivation of Rights Under Color of Law. Here is the law: TITLE 18, U.S.C., SECTION 242 Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this

On Behalf of WEA’s More Conservative Members #14 How to Become Part of Your Local’s Endorsement Process Going Rogue Is Rarely a Good Idea 5.6.20 During the rollback controversy I mentioned in my last posting, one of our local association members went rogue. In doing so, he destroyed his ability to influence anyone and became a pariah. There’s a significant difference between openly opposing a plan and secretly setting out to torpedo the plan, once it passes. This particular member attended multiple local association general membership meetings on the rollback controversy and then immediately went to central administration and told them everything that happened. At this point, some of you are saying, “But Mortland, by writing these blogs you are going rogue. How can you justify doing that? The answer is simple. I’m not doing it in secret. Before I began this endeavor, I spoke with several WEA colleagues, whose opinion I value. Then, before I began taking action, I shared my

On Behalf of WEA’s More Conservative Members #13 How to Become Part of Your Local’s Endorsement Process How Fair Are WEA Elections in Buildings 5.4.20 Folks who take part in local association elections often find the learning curve very steep and may sometimes feel the elections are not fair. As a life long Republican, who has been elected to local office many times, I can offer perspective: 1] In normal times, there are often too few candidates to fill the available openings. That often means any member foolish enough to volunteer to represent his/her colleagues will be elected, often by unanimous vote. Also, those who have been a rep for the last couple of years can usually win a contested election by virtue of the work they’ve done and the people they’ve helped. Unseating incumbents can be difficult. It’s no different than legislative and congressional elections. 2] In controversial times, there’s often a line up to become reps. Many more candidates will offer to stan

To: Liv Finne. Washington Policy Center #2 5.1.20 Liv:  I hope this message finds you well and thriving in these stressful times.  Regarding the use of letter grading or Proficient/Non-Proficient in your May 1st posting: 1] While you included the “key exchange”, as you put it, one has to listen to most of a 25 minute recording to hear the “entire exchange” on the new “grading issue”. I suspect SPI Reykdal had more to say on the issue than your “key exchange” contained. I would like to see the transcript, if you have access to such information. 2] We should make a distinction between that which is being done to address the multiple issues surrounding the “Covid-19 Spring Semester” and that which is being discussed for long term change. 3] I’m not wild about the “A”/”Incomplete” protocol, as it leaves open to question the actual level of achievement. But, I’m not going to stress much about it, as the cause is well known and the necessity both severe and temp

Constitutional Rights #1 Literacy Federal Appeals court: Detroit students have a right to literacy By Corey Williams | AP April 23, 2020 at 5:32 p.m. PDT https://www.washingtonpost.com/national/appeals-court-detroit-students-have-a-right-to-literacy/2020/04/23/0b35425c-85c3-11ea-81a3-9690c9881111_story.html WEST BLOOMFIELD, Mich. — Students at underperforming Detroit public schools have a constitutional right to literacy, a federal appeals court said Thursday in reviving a lawsuit against the state of Michigan. The court sent the case back to a federal judge in Detroit who had dismissed a lawsuit against state officials. The 2016 lawsuit alleged that the city’s public schools were in “slum-like conditions” and “functionally incapable of delivering access to literacy.” A basic minimum education should be recognized as a fundamental right, said judges Eric Clay and Jane Stranch in a 2-1 decision from the 6th U.S. Circuit Court of Appeals. The ruling came on the same day that gro

On Behalf of WEA’s More Conservative Members #12 Why I’ve Decided to Support Kim Wyman for Secretary of State, Despite WEA’s Failure to Endorse Her for a Third Time. 5.1.20 Kim Wyman has managed elections for nearly thirty years. Her opponent has never managed an election. Kim Wyman has developed an auditable paper ballot trail to ensure election security. Her opponent has never managed an election. Kim Wyman has used technology to make elections more accessible. Her opponent has never managed an election. Kim Wyman has built a cutting-edge cybersecurity team. Her opponent has never managed an election. Kim Wyman has instituted a ballot counting system that is not connected to the internet. Her opponent has never managed an election. Kim Wyman has helped make our voter registration system with robust firewalls and monitoring systems to prevent and detect intrusions. Her opponent has never managed an election. Kim Wyman has helped make Washington’s election system a mode