Proposition 208 legal challenge rests on claim new law sidesteps Arizona Constitution, featuring comment from Tom Galvin, Rose Law Group Attorney

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

By Terrance Thorton | Scottstdale Independent

Minutes following the official canvass of the 2020 November general election, litigation challenging tenets of the new education funding law ratified by the Arizona electorate was filed in Maricopa County Superior Court.

Scottsdale-based Rose Law Group is representing Anne Siner, CEO and founder of My Sister’s Closet, and retired Maricopa County Superior Court Judge John Buttrick in the legal challenge now on file.

At the core of the legal complaint: Proposition 208 circumvents the Arizona Constitution by not allowing the Arizona Legislature to participate in the various degrees of tax assessment on personal resident earnings.

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“The implication here is we respect the choice of the voters and we understand people want to see more education funding,” he said. “This the legal question: Is this the right way to do it? This could bring about a parade of horrors, or unintended consequences. We don’t think the Constitution allows for the Legislature to be cut from the taxing process.”

— Tom Galvin