‘It’s a gimmick’: Former WA attorney general urges lawmakers to reject ‘unconstitutional’ ‘millionaire tax’
Feb 25, 2026, 11:43 AM | Updated: 11:45 am
The Washington State Supreme Court. (Photo: Harvey Barrison via Flickr Creative Commons)
(Photo: Harvey Barrison via Flickr Creative Commons)
Former Washington Attorney General Rob McKenna is urging lawmakers to reject the proposed “millionaire tax,” calling it a marketing gimmick that masks what he said is an unconstitutional state income tax.
“The gimmicks that its sponsors are using, calling it a millionaire’s tax, it’s just that. It’s a gimmick. It’s a marketing ploy,” McKenna told “Seattle’s Morning News” on KIRO Newsradio. “It’s a state income tax.”
Voters have rejected a state income tax 9 times since the 1930s
McKenna, who served as the state’s top lawyer from 2005 to 2013, noted this marks the 10th attempt to enact a state income tax in Washington since the 1930s. Voters have rejected the measure each time, including six proposed constitutional amendments. The most recent amendment failed by a 77% margin.
The former attorney general argued the state constitution broadly defines property to include intangibles such as stocks, bonds, money, and income. He said multiple state Supreme Court rulings — not just a single 1933 opinion — have upheld that interpretation.
“They’re all based on a common-sense reading that income is part of everything,” McKenna said. “It’s an intangible, and we have property rights to it.”
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McKenna predicts swift legal challenge, direct route to state Supreme Court
If the measure passes, McKenna predicted a swift legal challenge. He said Superior Court judges would be bound by precedent to rule the tax unconstitutional, as occurred when he helped overturn a short-lived Seattle city income tax.
The case would then bypass the Court of Appeals and go directly to the state Supreme Court, he said.
“Is the Supreme Court going to honor the Constitution, or are they going to be a super legislature and rewrite the Constitution?” McKenna asked. “That’s what’s involved here.”
McKenna acknowledged delivering pointed testimony to lawmakers, saying legislators who support the bill “are going to have to tell their constituents, and they’re going to have to tell all taxpayers why they don’t have a property right to their income.”
The bill, which passed the state Senate, would impose a 9.9% tax on Washington residents earning more than $1 million, beginning Jan. 1, 2028. The bill is now in the House.
Manda Factor is the host of “Seattle’s Morning News” on KIRO Newsradio. Follow Manda on X and email her here.
