Latest Case: Bedke v. Ellsworth (Civil Procedure)

Transitional Justice and Inauguration Poems

LESLEY WEXLER

Illinois law professor Lesley M. Wexler describes how Amanda Gorman’s The Hill We Climb and Jericho Brown’s Inaugural,’ an Original Poem—as two inaugural poems—fit within the call of transitional justice. Professor Wexler explains how, read together, the two poems provide a roadmap of the transitional justice terrain the government may choose to tread.

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Bedke v. Ellsworth

Docket: 48268

Opinion Date: January 26, 2021

Judge: Stegner

Areas of Law: Civil Procedure, Government & Administrative Law

This appeal stemmed from a dispute between the presiding officers of the Idaho Legislature and the Idaho State Treasurer. The Speaker of the Idaho House of Representatives and the President Pro Tempore of the Idaho State Sentate sought to evict Treasurer Julie Ellsworth from her current office on the first floor of the Idaho State Capitol building pursuant to Idaho Code section 67-1602(3). The office of the State Treasurer was historically located in the southeast quadrant of the Capitol Building. However, plaintiffs cited the need for more legislative space to evict the Treasurer from that historic office. The Treasurer refused to vacate, relying on a purported agreement base between the Governor and the 2007 leadership of the Idaho Legislature. Finding that the political question doctrine did not preclude it from reaching the merits of this dispute, the Idaho Supreme Court concluded Idaho Code section 67-1602(3) unambiguously authorized the presiding officers to determine the use and allocate the space within the first floor of the Capitol. The district court's denial of the Treasurer's motion to dismiss was affirmed; summary judgment in favor of the House and Senate were also affirmed.