Article by Erik Smith. Published on Wednesday, April 28, 2010 EST.
Fresh from Supreme Court Battle Over Petition Disclosure
by Erik Smith
Staff writer/ Washington State Wire
OLYMPIA, April 28.—Argument wrapped up Wednesday morning on what could be a landmark U.S. Supreme Court case over petition signatures, and Washington Attorney General Rob McKenna told reporters afterward he thinks the winds are blowing his way.
Washington is arguing that signatures on initiative petitions ought to be a matter of public record. But there’s plenty of disagreement on that score. Backers of Washington’s Referendum 71, last year’s unsuccessful effort to overturn the state’s domestic-partnership rules, say exposure of petition signers serves no legitimate public purpose, and would expose them to harassment and intimidation. They filed their lawsuit last year when Washington Secretary of State Sam Reed was poised to release thousands of names to a gay-activist group that promised to post the names on the Internet. The argument being tested by the Supreme Court would establish whether all signatures on political petitions ought to be kept secret.
McKenna argued Washington’s side, and in a conference call with reporters afterward from Washington, D.C., he said he paid careful attention to the questioning to assess where the justices stood. McKenna said a majority of justices appeared skeptical of the arguments raised by James Bopp, attorney for Protect Marriage Washington – and he’s predicting victory.
It was the final case to be heard before the Supreme Court in its current term, and if the court adheres to normal practice a decision should be handed down by the time the term ends at the end of June.
Reed was there as well. Reed said he views the case an opening gun in a battle to overturn public disclosure laws nationwide. It’s not just a narrow issue regarding petition signatures, he said. And there’s plenty of interest in the case. The line to get into the court to witness the hearing stretched around the block. He spoke with a Whitworth College student who lined up near the door with a sleeping bag at 5:30 a.m. – “She almost didn’t get in,” he said.
Reed was encouraged by a comment from Justice Scalia. “He said democracy requires a certain amount of civic courage, and I think that’s true.”
McKenna added, “It takes a certain amount of courage, standing in front of Justice Scalia.”Click here for full transcript of Supreme Court arguments.
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