The dissent’s main focus centers on what statutes can be suspended by the governor under emergency powers

Chris Corry
Washington Policy Center

In a 5-4 decision, the Washington State Supreme Court upheld Governor Inslee’s eviction moratorium during the pandemic. 

The majority opinion argues that Washington’s emergency powers statutes allowed the governor to suspend evictions without violating the rights of landlords. They note in their decision that while the order prevented landlords from evicting tenants for failure to pay rent, it did not waive the obligation for tenants to pay rent. 

As demonstrated during the pandemic, this created a perverse incentive for tenants. The legal remedy to hold tenants accountable was waived without consideration of the landlords. The court even notes this saying, “some tenants did stop paying their rent and that failure imposed a significant hardship on some landlords”. However, they deny that the governor violated the takings clause because the moratorium was not a physical taking of the landlord’s property. 

The majority opinion does admit that fundamental rights have been violated by governments in history during emergencies. Given the issue at hand they ironically state:

“In more deliberate times, we hope, these violations of rights would not have survived the checks and balances of a democratic society operating under law. As the United States Supreme Court observed long ago, “The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of [people], at all times, and under all circumstances.” Milligan, 71 U.S. at 120-21. The same is true of our state constitution.”

The dissent offers a much different view, “I would hold that the governor exceeded statutory authority when issuing the eviction moratorium proclamations”. While the majority argued that tenants still had to pay rent, the dissent argues that by removing the statutory remedy of eviction, you also removed the statutory obligation to pay rent thus depriving landlords. 

The dissent’s main focus centers on what statutes can be suspended by the governor under emergency powers, noting:

“The broadened authorization permits the governor to waive or suspend statutory and regulatory obligations or limitations that prescribe the procedures for conduct of state business or the orders, rules, or regulations of any state agency. That is, the governor is authorized only to waive or suspend statutory obligations or limitations for certain executive functions.” 

You can read the decision here. 

Chris Corry is the director of the Center for Government Reform at the Washington Policy Center. He is also a Washington state representative.

---

Also read:

• 
  Opinion: State CO2 report shows 86% of Washington’s claimed climate benefits are probably fake
  Todd Myers argues a state climate report significantly overstates emissions reductions and raises concerns about data accuracy and accountability in Washington’s climate spending.
• 
  Opinion: Majority party policies still making life more expensive for Washingtonians
  Rep. John Ley outlines his opposition to new taxes, raises concerns about state spending, and details legislation he plans to pursue during the 2026 Washington legislative session.
• 
  Opinion: What happens when you build a state budget on the most volatile tax sources?
  Ryan Frost argues that relying on volatile tax sources like income and capital gains taxes risks destabilizing Washington’s budget and undermining long-term fiscal planning.
• 
  Letter: Has $450 million been wasted on a bridge that’s too low for the Coast Guard with a foundation too costly to build?
  A Seattle engineer questions whether hundreds of millions of dollars have been spent on a bridge design he argues is unnecessarily risky and costly compared to an immersed tunnel alternative.
• 
  Opinion: Fix Washington – House Republicans lead the charge against liberal chaos
  Nancy Churchill argues that one-party Democratic control has driven up costs, weakened public safety, and harmed schools, and says House Republicans are offering a path forward through their Fix Washington agenda.