justices

For years, perhaps decades, or perhaps forever, Washington D.C. has been the butt of jokes with punchlines about how the political class talks and talks and talks while little gets solved.

Six criteria for a return to originalism.

The Washington state Supreme Court on Sept. 4 rule the state’s charter school law as unconstitutional. The justices dug deep to justify their decision, referencing a definition of public schools from a 1909 case, School District 20 vs. Bryan. Instead of citing a particular right spelled out in the U.S. Constitution or Washington state’s constitution, the court based its ruling largely on its own, distinctive interpretation of the term “common schools.”

Now … we’ve got the protection of the Constitution that forces governments to prove their case, to prove … what they’re asking for is really litigation, and not simply extortion.”