Lisa Brown v. Brad Owen
Are supermajority requirements for tax increases constitutional?
Summary
A state legislator is suing the state to make it easier to raise taxes. This lawsuit challenges the two-thirds vote requirement for tax increases adopted by Initiative 601 in 1993. On March 2, 2008, Senate Majority Leader Lisa Brown filed a writ of mandamus against Lt. Gov. Brad Owen after he declined to pass a tax increase bill that failed to receive the two-thirds vote required for passage. Sen. Brown argues the supermajority vote requirement is unconstitutional under Art. II, Sec. 22 of the Washington Constitution.
Status
The Supreme Court of Washington ruled that Sen. Lisa Brown's writ of mandamus would violate the separation of powers doctrine, and denied her petition on March 5, 2009.
What’s at stake? (click for more)
- The constitutionality of Initiative 601’s supermajority requirement for tax increases.
- The legislature’s ability to raise taxes without a two-thirds vote in each house.
Why is EFF involved? (click for more)
We believe a supermajority requirement, combined with a strong spending limitation, is critical for fiscal restraint. The provisions of 601 ensure legislators are directly accountable to the people for any tax increases.
How does this case affect you? (click for more)
Eliminating the two-thirds vote requirement will make it easier for the legislature to raise taxes. This is a real concern as the State of Washington now faces a $8 billion deficit.
Case Timeline (click for more)
- March 3, 2008 – Brown files lawsuit; asks Supreme Court to consider expedited schedule.
- March 6, 2008 – Motion for accelerated review is denied; case sent to Court Commission to determine which court should hear case.
- April 18, 2008 – Commissioner retains case for Supreme Court review.
- April 25, 2008 – Petitioner Brown brief filed.
- June 9, 2008 – Respondent Owen brief filed.
- July 14, 2008 – Petitioner Brown reply brief filed.
- September 9, 2008 – Oral arguments.
- March 5, 2009 – Supreme Court rules in Owen's favor.
Case Documents (click for more)
- Brown Petition (March 3, 2008)
- Brown Opening Brief (March 3, 2008)
- Brown Motion for Accelerated Review (March 3, 2008)
- State Response to Motion for Accelerated Review (March 4, 2008)
- Supreme Court Order Denying Accelerated Review (March 6, 2008)
- Brown Memorandum (April 9, 2008)
- State Memorandum (April 9, 2008)
- Commissioner ruling to send case to Supreme Court (April 18, 2008)
- State Brief (June 9, 2008)
- Brown Reply Brief (July 14, 2008)
- Amicus brief filed by EFF, WSBF, ATR, NTU & NFIB (August 8, 2008)
- Amicus brief filed by Voters Want More Choices (August 8, 2008)
- Amicus brief filed by American Legislative Exchange Council (August 8, 2008)
- Amicus brief filed by Association of Washington Business (August 11, 2008)
- Petitioner's Short Response to Four Amicus Motions (August 15, 2008)
- Petitioner's Response to Four Amicus Briefs (August 29, 2008)
- Supreme Court opinion (March 5, 2009)
Media Coverage (click for more)
