AZ justices probe constitutionality of Proposition 208

(Disclosure: Rose Law Group represents Ann Siner of My Sister’s Closet and Judge John Buttrick in their litigation efforts against 208.)

By Abraham Gross | Law360

A new Arizona tax on high incomes drew criticism from the state’s highest court Tuesday, as several justices questioned how the law could be salvaged from unlawful spending provisions if remaining provisions didn’t fulfill the voters’ intent.

During oral arguments in a suit to block the new tax, representatives of Invest in Education, which sponsored Proposition 208 and its 3.5% high-income tax surcharge to fund education, said the justices could preserve the remainder of the law if they ultimately agreed with challengers that spending provisions violated the state constitution.

However, several justices questioned how they could save the law if they invalidated provisions authorizing spending beyond a constitutional cap on “local revenues” directed to school districts, saying that the remaining law would not allow all tax revenue to be spent as voters intended.

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