Last week’s Supreme Court ruling demands state income tax — Manweller explains

by | Oct 10, 2016

Matt Manweller is a constitutional law professor and a GOP member of the state house.  He’s brilliant.  Here’s his analysis:

Court demands state income tax

By Matt Manweller

It’s not every day that you get hoodwinked by your own government.  But when the state Supreme Court is the topic, anything is possible and the loss of rights is probable.  In the course of 15 pages, the Washington State Supreme Court managed to issue a devastating decision last week demanding an income tax by September 1, 2018.

Last Thursday, the Court issued its latest McCleary order.  Most of it was a banal recap of the last 4 years of litigation.  But hidden in subtle language — probably with the hopes that the media would not notice — is language that essentially demands the adoption of an income tax by September 1, 2018.

The Court demands of the taxpayers that the $4 – $12 billion dollar price tag of McCleary be funded through a “regular and dependable state revenue source.”  Sounds innocuous, right?  It’s not.  It’s a poison pill.  Folks, there is only one “regular and dependable state revenue source” that can raise that kind of money.  It’s not a capital gains tax.  It’s not a B&O business tax.  It’s not a property tax.  The only way to get to those numbers is with an income tax.  They know it.  The Legislature knows it.  The Governor knows it.  The teachers’ unions know it.  They hope you don’t know it.

They hope you don’t know it, because if you did, you would be livid.  The taxpayers of Washington have spoken clearly on this issue for 80 years.  You have said NO! decade after decade after decade.  But the union special interest groups just don’t want to hear that.  They haven’t been able to get an income tax via the Legislature.  They failed miserably to get an income tax via initiative.  So now they are betting on the Court giving them one.

Not just betting, but buying.  Over the last few years, the teachers union, the state employees unions and the bar associations have been quietly donating massive amounts of money to Supreme Court candidates.  And it’s paying off.  These union and attorney associations are getting what they want from the court — an illegitimate and extorted income tax, state agencies that always win against individual citizens, criminals that have more rights than victims, and a political court that advocates for big monied special interests instead of refereeing disputes in a fair and impartial manner.

Why does the Supreme Court have such an appetite for an income tax?  Tax policy is almost never the purview of the Court.  What it comes down to is they have to pay back their donors.  These powerful interest groups are not giving Supreme Court Justices money out of the goodness of their heart.  They expect something for their money.  They want raises.  They want bonuses.  They want your money and they want the Court to give it to them.  The best way to do that is to levy an income tax in the name of the children.  Don’t be fooled.  This money will not go to children.  It will go to state employees, union bosses and bigger government.  The children will get left holding an empty bad of promises.

I encourage you all to remember this next week as your ballots arrive.  Three justices have challengers.  Send them packing.  Please vote for Judge Dave Larson, Professor David DeWolf and Prosecutor Greg Zempel.

Remember in November:

Dave Larson — is challenging incumbent Charles Wiggins (whose top donors are the unions, especially the WEA)

David DeWolf — is challenging incumbent Mary Yu (whose top donors are the unions, especially the WEA)

Greg Zempel — is challenging incumbent Barbara Madsen (whose top donors are the unions, especially the WEA)

These judges have gone completely rogue.  If you want to tell them that, feel free:


You can count on us to fight against next year’s tax-hiking insanity.  The voters’ passage of our Initiative 1366 last year certainly shows that the people are in no mood for any tax hikes, let alone increases totaling $3.5 billion.

Petitions for “We Love Our Cars” I-869 have been sent out (if you need more, just email or call).  Our polling shows it’s another big winner.  Please help us make it a reality.