Washington Democrats spent years insisting they weren’t trying to pass an income tax. Then they passed one anyway—and now, shockingly, it’s headed straight back to court.
Former Attorney General Rob McKenna is leading the legal challenge against the state’s new 9.9% “millionaires’ tax,” filed alongside the Citizen Action Defense Fund and backed by former state Supreme Court Justice Phil Talmadge. The lawsuit doesn’t mince words: the tax is illegal, unconstitutional, and already settled law.
But if you’ve followed Olympia for more than five minutes, none of this is surprising.
The Part Democrats Keep Hoping You Won’t Remember
Washington’s constitution isn’t vague on this issue. For nearly a century—dating back to the Culliton v. Chase decision—the courts have held one inconvenient truth:
Income is property.
And under Article VII, property taxes must be uniform and capped. A 9.9% tax on high earners? That’s not uniform. That’s not even close.
Courts have reaffirmed this over and over again. Superior courts, appellate courts—same answer every time: unconstitutional. Not complicated. Not evolving. Not up for creative reinterpretation just because lawmakers want new revenue.
So Naturally… They Passed It Anyway
Enter Gov. Bob Ferguson and legislative Democrats, who pushed the tax through and even added an emergency clause to block voters from having a say.
Because nothing says “confidence in your policy” like making sure the public can’t vote on it.
Now, instead of letting Washingtonians weigh in, they’re effectively betting everything on the courts suddenly deciding that decades of precedent don’t apply anymore.
That’s the entire strategy.
The Lawsuit: A Reality Check
McKenna’s case is pretty straightforward:
- The constitution hasn’t changed
- The definition of property hasn’t changed
- The courts haven’t changed their rulings
So why would the outcome?
Even McKenna has pointed out this isn’t theoretical—similar income tax attempts have already been struck down in recent years. Judges didn’t hesitate then, and there’s no obvious reason they would now.
Unless, of course, the Washington Supreme Court decides to rewrite nearly 100 years of legal precedent in one swing.
That’s the gamble.
What This Is Really About
This isn’t just about one tax. It’s about whether the rules still matter.
Because if Democrats can redefine income as “not property” when it’s convenient, then the guardrails in the constitution don’t mean much anymore. And if that happens, the idea that this tax will stay limited to “millionaires” becomes… optimistic.
At best.
Bottom Line
Democrats passed a tax the courts have repeatedly rejected, blocked voters from weighing in, and are now hoping for a legal miracle.
Again.
And now, Washington gets to watch the same story play out one more time—except this time, the stakes are a lot higher.
