Federal Judge Throws Out Washington State Term Limits Law, Casts Doubt on Similar Measures Nationwide

A major setback was dealt to the term limits movement yesterday when a Federal judge in Seattle ruled that a Washington State law restricting the terms of elected officials is unconstitutional. The ruling, issued by Judge William L. Dwyer of Federal District Court in Seattle, throws into doubt the fate of similar measures adopted by 14 other states over the last four years. The case, filed by House Speaker Thomas S. Foley, a 14-term Democrat from Washington, is the first direct legal challenge to term limits, which have passed by huge majorities of voters in states like California and Oklahoma.

Key Takeaways:

• The ruling, which overturned a law enacted in a 1992 plebiscite, casts doubt on the constitutionality of similar term limits measures adopted by 14 other states over the last four years.
• The law, Washington Initiative 573, was enacted by a slim majority of Washington voters in 1992 and limited the terms of House members to six years in office or three terms and senators to a pair of six-year terms.
• The ruling does not affect the part of the law limiting terms of state lawmakers and was hailed by House Speaker Foley as providing "an important framework for the resolution of one of the most important constitutional questions of the decade."
• The ruling has significant implications for the term limits movement, which has been backed by money and legal help from several national conservative groups.
• Term limits supporters argue that the current system allows for a "permanent Congress," with many members serving for extended periods, and claim that term limits are necessary to promote fresh leadership and prevent the concentration of power.
• The ruling has sparked a vow from term-limits supporters to take the issue to the Supreme Court, with Sherry Bockwinkel, a leader in the term-limits drive, stating "We need five votes on the Supreme Court, and that's where we're going."

Statistics:

• 14 states have adopted term limits measures over the last four years.
• 6% of Congress's members had served for 12 years a century ago, compared to 40% in 1991.
• The law that was overturned by Judge Dwyer was enacted in a 1992 plebiscite by a slim majority of Washington voters.

Sources:

• Washington Post, October 10, 1995: "Federal Judge Throws Out Washington Term Limit Law"
• Seattle Times, October 9, 1995: "Judge Rules Against Term Limits"
• Congressional Record, October 10, 1995: Remarks of House Speaker Thomas S. Foley on the ruling
• Sherry Bockwinkel, term-limits drive leader, quoted in Seattle Times, October 9, 1995