WA court denies Democrat's request for quick tax lawsuit ruling

The state Supreme Court won't speed up its ruling in a top lawmaker's challenge of voter-approved tax limits, putting a major kink in any Democratic hopes of an easier path toward tax increases next year.

In a brief ruling issued Thursday, the court unanimously denied the request by Senate Majority Leader Lisa Brown, D-Spokane, to rule immediately on her lawsuit against a pair of tax-limiting initiatives.

The court also rejected Brown's alternate request to rule before the next legislative session convenes in January 2009.

The Democratic-controlled Legislature is facing a projected deficit of perhaps $2.4 billion in the budget that will be written next year. Lawmakers would need to raise taxes, cut spending or both to fill any shortfall.

The initiatives in question could make it tougher to fill any deficit, because they require approval from two-thirds of the Legislature to raise taxes. That degree of support is difficult to get for higher taxes, even though Democrats outnumber tax-wary Republicans in both the House and Senate.

Brown's lawsuit, filed Monday, challenges the two-thirds vote requirements, which were approved in 1993's Initiative 601 and broadened in last year's I-960.

Critics say the initiatives' limits on tax increases are illegal, because the state constitution calls for a simple majority to pass most bills, and the constitution can't be amended by initiative.

On Thursday, Brown said she would have preferred to get assurances the court will rule before the 2009 session convenes. But Brown also said she is still pleased the court agreed to accept the lawsuit on its regular schedule.

"I'm sure they'll take it up in due course," she said.

Asking for a decision before the 2008 session's end was a tactical maneuver, to make sure the court couldn't declare the issue moot if it ruled after the March 13 scheduled adjournment, Brown said.

Senate GOP budget chief Joe Zarelli, R-Ridgefield, said the court's order avoids the appearance of political pressure influencing the justices.

He said the court essentially told Brown: "Hey, we know who you are. But there are other people who have gone through the process, and get in line."

"(Brown) should be treated no differently than anybody else with regard to the court, so I'm happy to see that," Zarelli said.

Initiative promoter Tim Eyman, who sponsored I-960 last fall, called Brown's legal requests ridiculous and said he was thrilled with Thursday's ruling.

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On the Net:

Supreme Court: http://www.leg.wa.gov

Legislature: http://www.leg.wa.gov