Commentary by WA State Rep. Jim Walsh
Recently, governors of several West Coast states announced the formation of an “alliance” whose purpose is to “ensure residents remain protected by science, not politics. The alliance represents a unified regional response to the Trump Administration’s destruction of the U.S. Centers for Disease Control and Prevention (CDC) and Prevention’s credibility and scientific integrity.”
So, in its first press release, this “alliance” claims to be about “science, not politics” and then immediately launches into — politics.
Not a compelling start.
That release was issued simultaneously by governors Gavin Newsom of California, Tina Kotek of Oregon and Bob Ferguson of Washington. It goes on to rant about Donald Trump and U.S. Health & Human Services Secretary Robert F. Kennedy, Jr. It also repeats several left-wing conspiracy theories about the CDC.
Between conspiracy theories, Newsom, Kotek and Ferguson say a few things about what they imagine their “alliance” will do: “Through this partnership, the three states will start coordinating health guidelines by aligning immunization recommendations … To protect the health of our communities, the West Coast Health Alliance will continue to ensure that our public health strategies are based on best available science.”
These vague platitudes could mean just about anything. But the phrase “aligning immunization recommendations” alarms many reasonable Washingtonians. Hundreds have contacted me asking whether this means a new round of vaccine mandates is coming. They also ask whether the “alliance” is constitutional, since Article 1, Section 10, of the U.S. Constitution begins: “No State shall enter into any Treaty, Alliance, or Confederation …”
People are also asking about other recent developments, including: a “Standing Order” from the WA Dept. of Health that recommends COVID shots and booster shots for all people over 6 months old; and the passage of HB 1531 into state law during the legislative session earlier this year.
Here are some answers.
This new “alliance” isn’t really new. In 2020, the governors of Washington, Oregon and California formed what they called the “Western States Pact,” meant to take aggressive action to “protect populations” from COVID. But it ran headlong into the Article 1, Section 10, constitutional restrictions. In the end, the “pact” didn’t do anything that tested the constitutional limits. It was mostly a publicity stunt.
The current “alliance” looks like that. The fact that the very first press release announcing its formation focuses on criticizing Trump and RFK, Jr. confirms that it’s not serious law or public health policy.
While the rhetoric in the “alliance” press release about “aligning immunization” does echo the legally dubious (still being challenged in court) mandates made by Jay Inslee during the COVID years, those followed a formal declaration of a state emergency. A new round of mandates would require a new emergency declaration. Nothing about the “alliance” changes that. Ferguson has not made any formal declaration and has no grounds to do so. If he tries, he’s likely to face much stronger opposition and resistance than Inslee ever did.
The “standing order” issued by the DOH on Sept. 5 is also not a mandate. In WA, a “standing order” is something like a blanket prescription written bureaucrats. It means people can get a drug or treatment without a specific order from a specific doctor. In the case of the recent “standing order,” the treatment in question is COVID shots and boosters.
The CDC, under RFK, Jr., has narrowed its recommendation of COVID shots and boosters to people over age 65 with existing health problems. It does not recommend the shots for anyone else. Separately, Kennedy has raised skeptical questions about the safety of COVID shots. Ferguson’s “standing order” is a contradiction of Kennedy dressed in bureaucratic rules.
HB 1531 was passed by the Legislature and signed by Ferguson earlier this year. It limits actions that state agencies or county governments can take that question “the best available science on the safety and efficacy of evidence-based measures to control the spread of such diseases, including immunizations and vaccines.”
HB 1531 expands certain bureaucratic tools available to the DOH and county health departments, including programs designed “to educate the public about evidence-based measures that use the best available science.” The phrase “best available science” appears repeatedly throughout the bill.
HB 1531 is divisive and highly partisan. It passed the Legislature on a near party-line vote. It’s likely to make people less trusting rather than more trusting of the state’s public health efforts. We’re seeing the proof of that right now: Combined with the “alliance,” HB 1531 makes Washingtonians suspect dubious vaccine mandates are coming. But, even with HB 1531 in law, the governor would still have to declare an emergency first.
None of these recent developments mean a direct return of Inslee’s authoritarian mandates that destroyed the Washington Ferry System, decimated the Dept of Natural Resources’ firefighting capacity and wounded the State Patrol.
Disastrous actions like those would still require a declaration of emergency from Ferguson or the next governor. Still, many Washingtonians are concerned that these recent developments — so focused on contradicting Trump and RFK. Jr. — are setting up a system for making bad things worse the next time a governor declares an emergency.
That is a reasonable concern.
Jim Walsh is a five-term Legislative District 19 State Representative (R-Aberdeen) and Chairman of the Washington State Republican Party (WAGOP).
Bill Bruch
Bill Bruch is the WA State GOP Election Integrity Committee Chairman (5th year), WAGOP Executive Board Member (5th Year), Skagit County GOP Chairman (9th year), Citizen Journalist, Olympic Conference 2021 Activist of the Year Award Winner, Business Owner, 2020 WA State House Representative Candidate, Former Council Member, and WA State 2016 and 2024 RNC National Convention Delegate.
