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Exclusive: AGO speculated WA Supreme Court might ‘punt’ on millionaire’s tax

Emails show Washington officials viewed the state Supreme Court as a favorable venue and considered letting voters decide the millionaire’s tax.

  • Leaked emails reveal Washington Attorney General's Office staff described the state Supreme Court as "favorable a venue as we're likely to get" to thwart a tax referendum, with records inadvertently released by the Office of the Secretary of State on Wednesday.
  • Senate Majority Leader Jamie Pedersen worked with AGO staff to draft the millionaire's tax bill to "force" the state Supreme Court to reconsider the 1933 Culliton decision, which established that progressive income taxes violate the state Constitution's uniformity clause.
  • Deputy Solicitor General Karl Smith, who clerked for the court from 2009 through 2012, hypothesized justices might "punt" to voters to avoid the constitutional decision, writing to Solicitor General Noah Purcell that the court was favorable venue.
  • CADF Executive Director Jackson Maynard called the emails "another peak behind the curtain," highlighting the importance of upcoming Supreme Court elections, while Attorney Joel Ard argued it was inappropriate for the AGO to discuss venue favorability.
  • AGO Deputy Communications Director Mike Faulk stated the discussion was a "preliminary discussion about legal strategy" regarding the court's familiarity with referendum powers, as OSOS determined that privileged documents were inadvertently included in the released records.
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Exclusive: AGO speculated WA Supreme Court might ‘punt’ on millionaire’s tax

(The Center Square) - Washington Attorney General's Office officials described the state Supreme Court as “favorable a venue as we’re likely to get” to thwart a referendum on a new millionaire's tax, according to emails between a former court clerk…

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The Indiana Gazette Online broke the news in Indiana, United States on Thursday, May 14, 2026.
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