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Tuesday, May 05, 2026

Washington Supreme Court Upholds ‘Millionaires Tax,’ Rejects Constitutional Challenge

Washington Supreme Court Upholds ‘Millionaires Tax,’ Rejects Constitutional Challenge

Ruling clears a major legal hurdle for the state’s new high-earner tax and reinforces limits on referendum challenges
The Washington Supreme Court has rejected a legal challenge to the state’s newly enacted tax on high-income residents, ruling that opponents cannot use the referendum process to overturn the measure and affirming the tax’s standing under the state constitution.

The decision centers on a law often described as a “millionaires tax,” designed to impose higher rates on top earners as part of a broader effort to rebalance Washington’s tax system.

The state has long relied heavily on sales taxes and other consumption-based revenue, resulting in one of the more regressive tax structures in the United States.

Lawmakers framed the new measure as a corrective step aimed at shifting part of the burden toward higher-income households.

Opponents sought to block the law by forcing a statewide referendum, arguing that voters should have the final say and that the tax itself violates constitutional provisions.

The court rejected that approach, concluding that the referendum effort did not meet legal requirements and could not proceed.

The ruling effectively removes the most immediate path to repeal and allows the tax to move forward as enacted.

At the core of the dispute is Washington’s constitutional treatment of income and property.

The state constitution has historically been interpreted to prohibit a graduated income tax, a position reinforced by decades of court rulings.

Supporters of the new law argue that it is structured in a way that complies with those constraints, often by framing the tax as applying to specific forms of income or financial activity rather than general wages.

Critics maintain that the distinction is artificial and that the measure functions as an income tax in practice.

The court’s decision does not fully resolve that underlying constitutional debate but narrows the battlefield.

By blocking the referendum route, it forces opponents to pursue more direct legal challenges rather than relying on a public vote to overturn the law.

That shifts the timeline and raises the stakes for future litigation, which is expected to focus more explicitly on whether the tax violates constitutional limits.

For state finances, the ruling has immediate implications.

The tax is projected to generate significant revenue, with funds typically earmarked for public priorities such as education, childcare, or infrastructure.

Securing that revenue stream strengthens the state’s fiscal planning and reduces uncertainty around budget commitments tied to the new law.

The decision also carries broader political consequences.

Washington has been a testing ground for efforts to introduce progressive taxation in states without a traditional income tax.

By allowing this measure to proceed, the court has signaled that carefully structured taxes on high earners may survive initial legal scrutiny, even in jurisdictions with restrictive constitutional language.

Opponents are expected to continue challenging the law through other legal avenues, arguing that its design ultimately conflicts with established constitutional interpretations.

Supporters, meanwhile, are likely to defend both the policy rationale and the legal framework, positioning the tax as a necessary modernization of the state’s revenue system.

With the referendum blocked, the tax now moves into implementation, marking a significant shift in Washington’s approach to taxing wealth and setting up the next phase of legal and political confrontation over how far the state can go in reshaping its tax code.
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