Washington attorneys general in the spotlight
Feb 8, 2017, 5:33 AM | Updated: 8:36 am
Former Washington state attorneys generals Christina Gregoire, Slade Gorton, and Rob McKenna have, at one point in their careers, found themselves in the national spotlight. (MyNorthwest image)
(MyNorthwest image)
Bob Ferguson isn鈥檛 the first attorney general from the Evergreen State to wade into deep legal waters and find himself in the national spotlight.
Related: Washington鈥檚 electoral drama of 1976
Here鈥檚 a look back at three examples from recent Washington state history.
Slade Gorton Goes To Bat
Before the Mariners played their inaugural game at the Kingdome in 1977, Seattle was home to the Pilots for just one season back in 1969. Coincidentally, 1969 was also the year that Slade Gorton was first sworn in as attorney general.
The Pilots鈥� ignominious departure broke the city鈥檚 heart decades before the Sonics would do the same on the basketball court. It also led Attorney General Gorton to take the baseball business to a different kind of court.
In a recent interview, Gorton told the editorial board of what happened next.
鈥淚 was in my first year as attorney general of the state, and I sued the American League 鈥� for fraud and breach of contract,鈥� Gorton said.
To litigate the suit, Gorton hired . Many spring trainings and World Series came and went as the wheels of justice slowly turned and not quite rounded the bases for Seattle fans.
鈥淚t took us five years to get the American League and all their legal maneuvers before we got them in front of a jury in Everett,鈥� Gorton said.
鈥淎t the end of the trial, just before the verdict was to come down,鈥� Gorton said, adding only somewhat 鈥渇acetiously鈥� that, 鈥渢he American League lawyers recognized the jury was going to vote [for] capital punishment.鈥�
Rather than wait for the jury, Gorton said the baseball league officials decided to settle out of court.
鈥淲e had them in front of a hometown jury and we were gonna win big, and so almost overnight the American League agreed to create the Seattle Mariners,鈥� Gorton said.
Gorton also pointed out that the people of Toronto have him to thank for the Blue Jays, because the American League had to create an even number of expansion teams in 1977 (the Mariners plus one more), or otherwise they would throw the schedule completely out of whack.
Chris Gregoire v. Joe Camel
Christine Gregoire was elected Attorney General in 1992, succeeding Ken Eikenberry. In 1996, she joined with other states and filed suit against the tobacco industry to recover Medicaid funds spent by Washington state to treat illnesses linked to cigarettes.
Negotiations went back and forth for a few years before the massive suit was ultimately settled out of court. Speaking at a press conference in November 1998, Attorney General Gregoire outlined the terms of the in dramatic terms.
鈥淭he attorney generals have now before them a tobacco settlement proposal that would provide the states with $206 billion through the year 2025, the largest financial recovery in the history of the world, and would require the most sweeping changes in business practices ever imposed on an industry,鈥� Gregoire said.
鈥淚t will change the way we see tobacco,鈥� the attorney general said. 鈥淯nder this proposal, billboards: gone. Taxi and transit ads: gone. Hats, shirts, backpacks with tobacco brand names: gone.鈥�
McKenna v. Obamacare
And just seven years ago, Bob Ferguson鈥檚 predecessor (and current ) Rob McKenna with 25 other state attorneys general to sue the federal government over provisions of the Affordable Care Act, aka 鈥淥bamacare.鈥�
Support for Attorney General McKenna鈥檚 here in Washington, a state carried handily by President Obama in 2008 and 2012.
McKenna explained his legal thinking to Enrique Cerna during a KCTS broadcast not long after joining the suit.
鈥淭he individual health insurance mandate, it appears to me to be clearly outside of Congress’ power,鈥� McKenna said. 鈥淭he federal government simply does not have the power to exercise control over what amounts to economic inactivity, a choice not to buy insurance.鈥�
鈥淎s [US District] , this case is about a lot more than health care. In fact, it’s not really about health care, it’s about federalism,鈥� McKenna said, 鈥渁nd whether we’re going to maintain the historic balance of responsibilities of powers among the people, the states and the federal government.鈥�
The case ultimately went to the US Supreme Court, with the upholding the 鈥渋ndividual mandate鈥� of Affordable Care Act, yet limiting the ACA鈥檚 expansion of Medicaid.
Springboard to higher office?
Of the 15 men and one woman who鈥檝e previously served as Washington鈥檚 attorney general since statehood in 1889, a total of six have later sought the governor鈥檚 office. Only one, , was successful.
John Atkinson ran in 1908 but lost in the primary; Don Eastvold ran in 1956 but lost in the general to incumbent Art Langlie; John J. O鈥機onnell ran in 1968 but lost to incumbent Dan Evans; Ken Eikenberry ran in 1992 but lost to former U.S. Representative Mike Lowry; Rob McKenna ran in 2012 but lost to Jay Inslee.
Only two Washington attorneys general have later served in Congress. was elected to the U.S. Senate in 1980; , Washington state鈥檚 first elected attorney general, was elected to the U.S. House of Representatives in 1896.
What lies ahead for Bob Ferguson鈥檚 lawsuit against President Donald Trump is up to the courts; what lies ahead for Attorney General Ferguson鈥檚 political career is up to him, and to the voters.
