Didier v. Inslee

W.D. Washington

Didier v. Inslee

DecidedAugust 10, 2020

Docket3:20-cv-05408

StatusUnknown

This text of Didier v. Inslee (Didier v. Inslee) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Didier v. Inslee, (W.D. Wash. 2020).

Pincite

Opinion

1 2

3 4 5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 CLINT DIDIER, et al., CASE NO. C20-5408 BHS 8 Plaintiff, ORDER DISMISSING 9 v. PLAINTIFFS’ COMPLAINT WITHOUT PREJUDICE FOR 10 JAY INSLEE, in his capacity as LACK OF JURISDICTION Governor of the state of Washington, 11 Defendant. 12 13 This matter comes before the Court on the order to show cause. Dkt. 29. 14 On July 24, 2020, the Court sua sponte questioned its own jurisdiction and ordered 15 any party to show cause why the complaint should not be dismissed without prejudice for 16 lack of jurisdiction. Id. 17 On July 28, 2020, Plaintiffs Clint Didier, Jason Bernica, Patty DeTro, Tim Eyman, 18 Lawanda Joy Hatch, Lisa Thomas, and Dean Wellsfry (“Plaintiffs”) responded. Dkt. 30. 19 Although Plaintiffs cite authorities in support of their position that the Court has 20 jurisdiction, they fail to provide any authority on the critical issue of Governor Inslee’s 21 ability to enforce his emergency proclamations. In the absence of such authority, 22 1 Plaintiffs are simply seeking an advisory opinion on whether the emergency 2 proclamations violate the United States and Washington constitutions. The Court’s

3 jurisdiction is limited to cases or controversies, and in the absence of Governor Inslee’s 4 ability to enforce his proclamations, Plaintiffs have failed to establish an actual case or 5 controversy under Ex parte Young, 209 U.S. 123 (1908). See, e.g., In re Abbott, 956 F.3d 6 696, 709 (5th Cir. 2020) (“[t]he power to promulgate law is not the power to enforce it.”). 7 Therefore, the Court sua sponte dismisses Plaintiffs’ complaint without prejudice for lack 8 of jurisdiction. In re Jackson, 184 F.3d 1046, 1048 (9th Cir. 1999) (“Eleventh

9 Amendment sovereign immunity limits the jurisdiction of the federal courts and can be 10 raised by a party at any time during judicial proceedings or by the court sua sponte.”). 11 The Clerk shall enter judgment and close this case. 12 IT IS SO ORDERED. 13 Dated this 10th day of August, 2020. A 14 15 BENJAMIN H. SETTLE 16 United States District Judge 17 18 19 20 21 22

Free access — add to your briefcase to read the full text and ask questions with AI

1 2

3 4 5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 CLINT DIDIER, et al., CASE NO. C20-5408 BHS 8 Plaintiff, ORDER DISMISSING 9 v. PLAINTIFFS’ COMPLAINT WITHOUT PREJUDICE FOR 10 JAY INSLEE, in his capacity as LACK OF JURISDICTION Governor of the state of Washington, 11 Defendant. 12 13 This matter comes before the Court on the order to show cause. Dkt. 29. 14 On July 24, 2020, the Court sua sponte questioned its own jurisdiction and ordered 15 any party to show cause why the complaint should not be dismissed without prejudice for 16 lack of jurisdiction. Id. 17 On July 28, 2020, Plaintiffs Clint Didier, Jason Bernica, Patty DeTro, Tim Eyman, 18 Lawanda Joy Hatch, Lisa Thomas, and Dean Wellsfry (“Plaintiffs”) responded. Dkt. 30. 19 Although Plaintiffs cite authorities in support of their position that the Court has 20 jurisdiction, they fail to provide any authority on the critical issue of Governor Inslee’s 21 ability to enforce his emergency proclamations. In the absence of such authority, 22 1 Plaintiffs are simply seeking an advisory opinion on whether the emergency 2 proclamations violate the United States and Washington constitutions. The Court’s

3 jurisdiction is limited to cases or controversies, and in the absence of Governor Inslee’s 4 ability to enforce his proclamations, Plaintiffs have failed to establish an actual case or 5 controversy under Ex parte Young, 209 U.S. 123 (1908). See, e.g., In re Abbott, 956 F.3d 6 696, 709 (5th Cir. 2020) (“[t]he power to promulgate law is not the power to enforce it.”). 7 Therefore, the Court sua sponte dismisses Plaintiffs’ complaint without prejudice for lack 8 of jurisdiction. In re Jackson, 184 F.3d 1046, 1048 (9th Cir. 1999) (“Eleventh

9 Amendment sovereign immunity limits the jurisdiction of the federal courts and can be 10 raised by a party at any time during judicial proceedings or by the court sua sponte.”). 11 The Clerk shall enter judgment and close this case. 12 IT IS SO ORDERED. 13 Dated this 10th day of August, 2020. A 14 15 BENJAMIN H. SETTLE 16 United States District Judge 17 18 19 20 21 22

Cite This Page — Counsel Stack

Bluebook (online)

Didier v. Inslee, Counsel Stack Legal Research, https://law.counselstack.com/opinion/didier-v-inslee-wawd-2020.

Opinion

Related

Cite This Page — Counsel Stack