Bringing Home the Supply Chain

SAMUEL ESTREICHER, JONATHAN F. HARRIS

NYU law professors Samuel Estreicher and Jonathan F. Harris describe how the COVID-19 pandemic is forcing the United States to confront the problem of unchecked globalization. Estreicher and Harris argue that once the pandemic subsides, U.S. policymakers should, as a matter of national security, mandate that a minimum percentage of essential supplies be manufactured domestically.

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Unconstitutional Chaos: Abortion in the Time of COVID-19

JOANNA L. GROSSMAN, MARY ZIEGLER

SMU Dedman School of Law professor Joanna L. Grossman and Florida State University law professor Mary Ziegler discuss the abortion bans implemented in several states in response to the COVID-19 pandemic. Grossman and Ziegler explain why the bans are constitutional and comment on the connection between the legal challenges to those bans and the broader fight over abortion rights.

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Washington v. Grocery Mfrs. Ass'n

Docket: 96604-4

Opinion Date: April 16, 2020

Judge: Yu

Areas of Law: Agriculture Law, Constitutional Law, Consumer Law, Election Law, Government & Administrative Law

In November 2013, Washington voters rejected Initiative 522 (I-522), which would have required labels on packaged foods containing genetically modified organisms (GMOs). The Grocery Manufacturers Association (GMA) opposed state-level GMO labeling laws, including I-522. Over the course of the 2013 election cycle, GMA solicited over $14 million in optional contributions from its member companies, $11 million of which went to support the “No on 522” political committee. The payments to No on 522 were attributed solely to GMA itself, with no indication of which companies had provided the funds. Prior to the initiation of this lawsuit, GMA was not registered as a political committee and did not make any reports to the Public Disclosure Commission (PDC). The State filed a complaint alleging that GMA intentionally violated the Fair Campaign Practices Act (FCPA)'s registration and disclosure requirements and the FCPA’s prohibition on concealing the sources of election-related spending. GMA countered that it cannot be subject to the FCPA’s registration and disclosure requirements because those requirements violate the First Amendment as applied. U.S. CONST. amend. I. The trial court agreed with the State, imposed a $6 million base penalty on GMA, and trebled the penalty to $18 million after determining GMA;s violations were intentional. The Court of Appeals largely affirmed, but revered the treble penalty, holding that one had to "subjectively intend to violate the law in order to be subject to treble damages." After review, the Washington Supreme Court affirmed the conclusion that the FCPA, and that the FCPA was constitutional as applied. The Court reversed the appellate court on the treble penalty, holding that the trial court applied the proper legal standard to determine GMA intentionally violated the FCPA. The matter was remanded to the Court of Appeals for consideration of GMA's claim that the penalty imposed violated the excessive fines clauses of the federal and Washington constitutions.

Washington v. Cyr

Docket: 97323-7

Opinion Date: April 16, 2020

Judge: Yu

Areas of Law: Constitutional Law, Criminal Law

In 2017, petitioner Johnny Ray Cyr pleaded guilty to three counts of sale of a controlled substance (heroin) for profit. Cyr stipulated to his prior convictions and to his offender score of 5. Based on his convictions and offender score, the standard sentence range provided by the SRA is 68+ to 100 months. The issue his case presented for the Washington Supreme Court's review centered on the statutory maximum sentence Cyr could receive for those three convictions. The Court held that if Cyr had a prior conviction for violating the Uniform Controlled Substances At, " “or under any statute of the United States or of any state relating to narcotic drugs, marihuana, depressant, stimulant, or hallucinogenic drugs,” then his statutory maximum sentence is 120 months. In that case, he must be sentenced within the standard range provided by the Sentencing Reform Act of 1981 (SRA), ch. 9.94A RCW. However, the Court could not determine from the record whether Cyr had such a prior qualifying conviction. The matter was therefore remanded to the trial court to address that question and, depending on the answer, to conduct further proceedings.

Peterson v. Dep't of Revenue

Docket: 97410-1

Opinion Date: April 16, 2020

Judge: Steven González

Areas of Law: Government & Administrative Law, Government Contracts, Zoning, Planning & Land Use

More than 70 years ago, two railroad companies helped the United States Atomic Energy Commission build a track to the Hanford Nuclear Reservation in return for the right to use the track without paying rent. After the nuclear reactors at Hanford were decommissioned, the United States transferred nearly 800 acres, including the track at issue, to the Port of Benton (Port), subject to existing agreements and potential reversion to the United States if certain conditions were not met. The Port continued to honor the agreements and operate the railroad. The Port’s decision not to charge rent was challenged by a taxpayer, Randolph Peterson, as an unconstitutional gift of public funds. This challenge was dismissed at summary judgment. After review of the trial court record, the Washington Supreme Court found no constitutional violation and affirmed dismissal.