Tuesday, March 29, 2022

Status of WA state income tax

The Freedom Foundation is struggling to keep Washington State income tax free.  This summary of current events is provided by the Freedom Foundation.

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Moments after Washington Gov. Jay Inslee signed the state’s new capital gains tax into law, the Freedom Foundation filed a lawsuit challenging the unconstitutional measure. Since filing the lawsuit nearly a year ago, we’ve earned some major wins.

The Washington Attorney General’s Office tried to get our case dismissed, but its attempts were unsuccessful. Meanwhile, the judge also ruled to hear the case in Douglas County and not move the hearing to Thurston County.

The biggest win, though, came earlier this month when Judge Brian Huber struck down the tax, declaring it, “… unconstitutional and invalid and, therefore, void and inoperable as a matter of law.”

These victories would not be possible without your generous support. But the fight isn’t over yet… and we need your help!

To the delight of Washington’s tax-and-spend leftists, Inslee is doubling down on his dream of imposing a new burden on taxpayers by appealing the state’s recent legal beatdown directly to the state Supreme Court.

Supporters of the tax knew it had constitutional problems — in addition to being wildly unpopular with the public — when it was passed by the 2021 Washington State Legislature. But they clearly hoped the matter would eventually find its way to the reliably liberal state Supreme Court, whose justices they hoped would ignore the clear language of Washington’s constitution.

Direct appeals to the Supreme Court are rarely granted. However, looking at it from the perspective of Washington Attorney General Bob Ferguson, the appeal is a win-win proposition. It costs him nothing but your tax dollars if the case is thrown out yet again, and it’s the court, not him, who looks bad if the tax is reinstated.

Regardless of whether the next legal fight ends up before the state Supreme Court or the state Court of Appeals, the Freedom Foundation’s legal team is moving forward to defend Judge Huber’s decision. 

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The Freedom Foundation's efforts do not com free, but they are certainly less expensive than unlimited government tax-and-spend would be.  We can help the foundation gear up for the next battle in this saga.  Give to the Freedom Foundation

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