“One of the issues in deciding whether or not to overturn a case is showing of harm. What is the harmfulness of the decision?”
- Paul Lawrence, Pacifica Law Group
“I think you’re still stuck with the plain language of the constitution that’s been consistently interpreted.”
- Jackson Maynard, Citizen Action Defense Fund
Washington’s new income tax is headed toward a constitutional showdown over nearly century-old Supreme Court precedent. Attorney Paul Lawrence argues the 1933 Culliton decision wrongly classified income as property and should be reconsidered. Citizen Action Defense Fund attorney Jackson Maynard argues the constitution’s plain language and repeated court rulings make the tax unconstitutional.
The Inside Olympia discussion also produced a notable area of agreement: Both attorneys expect the trial court to strike down the tax under existing precedent, potentially setting up Supreme Court review. Lawrence also said the Legislature appears to have deliberately enacted a tax that squarely raises the Culliton question.