The State Supreme Court is planning on ruling in the 2/3 majority case.
SEATTLE – The Washington Supreme Court plans to issue a ruling Thursday on a lawsuit challenging the two-thirds majority required for the Legislature to pass a tax increase.
The Supreme Court agreed to expedite its consideration of the two-thirds majority rule, which came about because of a series of citizen initiatives. Voters most recently approved the supermajority rule last November.
The Washington Constitution requires a simple majority of the Legislature to approve most laws, but the supermajority, or two-thirds vote, has been the law for tax increases thanks mostly to measures successfully pushed by initiative activist Tim Eyman.
I’m no lawyer, but it seems pretty unconstitutional on its face. You can’t bind future legislatures with the initiative process (except up to 3 years for laws that are constitutional). That takes an amendment to the state constitution. Cut and dried.
Still, our state supreme court has heard these sorts of cases in the past and figured out ways to punt. Hopefully they’ve run out of ways to kick the can down the road, and can actually rule on the case. I don’t know how much practical difference it makes with one house of the legislature in the GOP’s hands and Inslee opposing most tax increases in the campaign.
I’ll be at work when the ruling comes down, so I thought I’d put something up now.