Citizen Action Defense Fund and Rob McKenna preparing legal challenge to unconstitutional income tax
Media Contact:
Paige McElwrath
Director of Communications, Citizen Action Defense Fund
paige@citizenactiondefense.org | (503) 863-4846
FOR IMMEDIATE RELEASE
March 30, 2026
CITIZEN ACTION DEFENSE FUND AND ROB MCKENNA PREPARING LEGAL CHALLENGE TO UNCONSTITUTIONAL INCOME TAX
Olympia, Washington — The Citizen Action Defense Fund (CADF) announced today that it is preparing to file a lawsuit to challenge the constitutionality of the income tax that Governor Bob Ferguson is signing into law today, March 30, 2026.
Following the release of a legal memorandum during the legislative session authored by former Washington Attorney General Rob McKenna outlining the measure’s constitutional defects, CADF has retained McKenna to lead the anticipated litigation effort. The organization expects to file suit within the next few days.
As detailed in the memorandum, the legislation imposes a graduated tax on income, which has long been classified as property under Washington law and its Constitution. As such, this income tax passed by the legislature violates the uniformity requirement and constitutional limitations on property taxation established under Article VII of the Washington State Constitution.
“Washington’s constitution is clear, and the courts have been equally clear for nearly a century—income is property, and progressive income taxes are unconstitutional under existing law,” said lead counsel Rob McKenna. “If the State proceeds with the new income tax, it will create a direct conflict with binding precedent and the constitutional protections that safeguard taxpayers. We are preparing to challenge the tax in court.”
CADF Executive Director Jackson Maynard emphasized that the organization is moving swiftly to ensure Washingtonians are protected from unlawful taxation.
“Since lawmakers and the Governor have chosen to ignore both the constitution and decades of settled case law, we will act,” said Maynard. “This lawsuit is about upholding the rule of law and ensuring that Washingtonians are not subjected to an unconstitutional tax scheme.”
About Citizen Action Defense Fund
The Citizen Action Defense Fund is a 501(c)(3) nonprofit organization based in Olympia dedicated to protecting constitutional rights, promoting government transparency, and holding public officials accountable through strategic litigation and advocacy.