The Daily Briefing – May 19, 2026

Turns out Democrats weren’t just worried voters would reject their income tax — they were worried the courts might still believe the Constitution means what it says.

 

Democrats’ Millionaire Tax Gamble: “Trust Us, Don’t Let Voters Decide”

Washington Democrats’ push for a new millionaire’s tax is looking more and more like a legal shell game designed to dodge both the Constitution and the voters.

Emails obtained by The Center Square show state attorneys were openly discussing ways to keep the tax off the ballot after lawmakers conveniently slapped on “necessary for the support of state government” language — a favorite Olympia trick used to shield controversial laws from referendum challenges.

Even more revealing, Deputy Solicitor General Karl Smith speculated the Washington Supreme Court might actually allow a referendum on the tax just to avoid ruling on the bigger constitutional issue: whether income is property. That’s a problem for Democrats because Washington courts have spent roughly 90 years saying exactly that — which makes a progressive income tax unconstitutional.

But instead of confronting that precedent head-on, Democrats appear more interested in procedural gymnastics and keeping voters sidelined.

State Sen. Jamie Pedersen insisted none of this mattered because, according to Democrats, referendum powers supposedly “do not apply to tax measures, period.” Convenient argument from the same crowd that constantly lectures about “defending democracy.”

Meanwhile, Washington Supreme Court Chief Justice Debra Stephens refused to comment on the behind-the-scenes speculation, saying only that “the opinion of the court speaks for itself.”

At the same ceremony swearing in newly appointed Justice Theo Angelis — selected by Gov. Bob Ferguson after previously working alongside him at a Seattle law firm — Stephens emphasized the importance of “lived experience” and “diverse perspectives” on the bench.

Because apparently when it comes to Washington’s highest court, progressive ideology is now being marketed as judicial philosophy.

Now, with Let’s Go Washington gathering signatures for a repeal initiative targeting the income tax, voters may still get the chance Democrats seemed eager to avoid in the first place. Read more at Center Square.

Sound Transit Can’t Afford Ballard Rail — But Apparently Zombie Billboards Are Still in the Budget

Even some of Sound Transit’s usual allies are starting to ask the obvious question: if the agency is drowning in debt and delaying projects for years, why is it still spending taxpayer money on gimmicky ad campaigns?

That question came not from a conservative critic, but from a high school student who cornered Seattle City Councilmember Dan Strauss about Sound Transit’s priorities.

According to Strauss, the student asked why Sound Transit was paying for billboards in Greenwood while claiming it doesn’t have enough money to extend light rail to Ballard anytime soon.

Fair question.

Sound Transit is already facing a staggering $34.5 billion funding gap on its voter-approved ST3 expansion plan and is now preparing to push major projects even farther into the future — potentially extending financial planning all the way to 2052. Because nothing says “efficient government” like asking taxpayers to wait another generation for projects they already approved years ago.

Yet somehow, the agency still found room in the budget for its “Break a Mindless Habit” advertising campaign — a bizarre marketing effort portraying drivers as brain-dead zombies commuting to work. Apparently the strategy for winning over frustrated taxpayers is mocking them first.

The campaign stems from a nearly $10 million advertising contract approved by the Sound Transit board in 2019, with options to spend even more through extensions.

When Strauss raised concerns during the executive committee meeting, a Sound Transit staff member defended the spending as a “policy choice” intended to encourage ridership — which is bureaucratic speak for “yes, we chose this on purpose.”

Even Strauss, typically supportive of transit expansion, sounded fed up.

“It feels misaligned in our community, where trust has been eroded,” he said, again urging the agency to focus on “construction dollars to Ballard.”

That may be the real problem facing Sound Transit now. Voters were promised ambitious transit expansion, but instead they’re getting delays, ballooning costs, and taxpayer-funded zombie memes.

At some point, even transit supporters start wondering whether the agency has become more focused on marketing itself than delivering what voters paid for. Read more at Seattle Red.

Washington’s Supreme Court Isn’t “Nonpartisan” — And This Year Voters Might Actually Notice

Most Washington voters assume state Supreme Court justices are appointed like federal judges. In reality, they’re elected — but the system has increasingly been rigged to favor insiders.

When judges retire early, governors appoint replacements who then run as incumbents with all the advantages that brings. It’s become a reliable pipeline for keeping establishment-backed judges on the bench.

This year is different.

Five of the nine Washington Supreme Court seats will appear on the ballot after multiple retirements, giving voters a rare opportunity to reshape a court that has played a major role in battles over taxes, policing, elections, and executive power.

The problem is that judicial races suffer from massive “undervotes,” where many voters skip them entirely because they feel uninformed. That usually benefits incumbents and establishment favorites.

Part of the issue is the Washington Code of Judicial Conduct, which limits what candidates can say about cases likely to come before the court. But candidates are still allowed to discuss their broader legal philosophy and views on issues like constitutional interpretation, taxation, and public safety.

Voters should demand those answers.

State Rep. Jim Walsh argues this year’s elections could become a turning point as the court prepares to weigh major disputes involving income taxes, referendum powers, and election law.

For years, Washington’s judicial races have operated quietly in the background while activist judges gained influence with little public attention.

That may finally be changing. Read more at Seattle Red.

Olympia’s Report Card Is In — And Tax-Happy Democrats May Want to Hide It

Washington Democrats spent the 2026 session pushing new taxes, expanding regulations, and advancing policies many voters never even heard about. Now, FUTURE 42 is pulling back the curtain with its second annual legislative scorecard.

The report breaks down the most consequential votes of the session — including the controversial income tax push — and shows exactly how all 147 lawmakers voted on key issues involving taxes, public safety, and government regulation.

If you want to know which legislators voted to make Washington more expensive, less safe, and more heavily regulated — and which ones fought back — this scorecard is worth your time.

Read the full scorecard and see how your lawmakers performed.

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