Former Supreme Court Justice Joins Challenge to Washington State's Income Tax

Phil Talmadge, a prominent Democrat, has joined a legal team preparing to challenge the newly-enacted income tax on households making $1 million or more.

Apr. 8, 2026 at 7:09pm

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A serene, nostalgic painting of a state capitol building in warm, golden light, conveying the quiet tension and high stakes of a legal challenge to the state's tax policy.The legal battle over Washington state's new income tax on high earners could reshape the political and fiscal landscape for years to come.Olympia Today

Former Washington State Supreme Court Justice Phil Talmadge, a prominent Democrat, has joined a legal team preparing to challenge the newly-enacted income tax on households making $1 million or more. The legal team is being assembled by the Citizens Action Defense Fund and also includes former State Attorney General Rob McKenna.

Why it matters

The challenge to Washington's new income tax on high-earning households could have significant implications for the state's tax policy and budget. Talmadge's involvement as a former state Supreme Court justice lends legal credibility to the effort.

The details

Talmadge served on the state's high court from 1995 to 2001 and has previously argued against the constitutionality of a progressive income tax. The legal team plans to cite prior state Supreme Court rulings that consider income as property subject to uniform taxation rates under the 14th Amendment. The new income tax, signed into law in March, imposes a 9.9% levy on personal income over $1 million.

  • Talmadge served on the Washington State Supreme Court from 1995 to 2001.
  • In 2010, Talmadge evaluated the constitutionality of a proposed progressive income tax in Washington.
  • The new 9.9% income tax on personal income over $1 million was signed into law on March 30, 2026.

The players

Phil Talmadge

A former Washington State Supreme Court Justice and prominent Democrat who has joined a legal team challenging the state's new income tax.

Rob McKenna

A former Washington State Attorney General who has also been retained by the Citizens Action Defense Fund's legal team to challenge the state's new income tax.

Citizens Action Defense Fund

A legal organization that has assembled the team challenging Washington's new income tax.

Bob Ferguson

The Governor of Washington who signed the new 9.9% income tax on personal income over $1 million into law on March 30, 2026.

Jackson Maynard

The Executive Director of the Citizens Action Defense Fund.

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What they’re saying

“This is the legal dream team. We are incredibly pleased that we got such an experienced jurist and legislator as Phil Talmadge joining this effort.”

— Jackson Maynard, Executive Director, Citizens Action Defense Fund

What’s next

The legal team led by Talmadge and McKenna will file a lawsuit challenging the constitutionality of Washington's new income tax in the coming weeks.

The takeaway

The involvement of a former state Supreme Court justice like Talmadge lends significant legal credibility to the challenge against Washington's new income tax on high-earning households. The outcome of this case could have far-reaching implications for the state's tax policy and budget.