Yesterday Washington's four living former attorneys general (Slade Gorton, Kenneth O. Eikenberry, Christine O. Gregoire, and Robert M. McKenna) filed an amicus brief arguing that the state Supreme Court should reconsider its ruling that charter schools are unconstitutional. Add this to the motions for reconsideration filed by the current attorney general and the Washington State Charter Schools Association, and the amicus memorandum filed by 10 legislators.

The former AGs specify that they are not saying anything on the merits or validity of charter schools; instead, they are "deeply concerned about the potential unintended consequences of the reasoning in the Majority’s opinion." They write,

The Majority’s opinion may be summed up in this syllogism:

• The general fund contains funds constitutionally dedicated to common schools by Art. IX, sec. 2 and 3 (RCW 84.52.065, .067).
• The law requires that charter schools be funded from the general fund (RCW 28A.710.220(2). RCW 28A.5l0.250).
• Therefore the charter school law violates Art. IX, sec. 2 and 3.

The problem is that there is no logical way to limit the Majority’s holding to charter schools.

Indeed,

Once the general fund has been contaminated by commingling the general fund with common school funds, a good argument can be made that no expenditures from the general fund may be made except for the common schools.