Oregon Public Broadcasting

In Washington State raising taxes takes a two-thirds vote of the legislature. But a key state lawmaker is challenging the constitutionality of that rule.

Tuesday Senate Majority Leader Lisa Brown, a Democrat, faced a skeptical state Supreme Court. Olympia correspondent Austin Jenkins reports.

Brown is suing the Lt. Governor for a ruling he made earlier this year on the Senate floor. He said because of a voter-approved law requiring a two-thirds vote on tax hikes, a proposed liquor tax increase couldn’t move out of the Senate.

Brown argues the state constitution says it only takes a simple majority to pass laws.

Brown’s attorney, Tom Ahearne, faced an at times hostile State Supreme Court.

Justice Susan Owens questioned whether the court should – as she put it - “meddle” in the legislature’s internal affairs.

Susan Owens: “Why doesn’t the legislature - if the majority of the legislature thinks that the law is unconstitutional – why don’t they just repeal it.”

Ahearne responded that the court would be abdicating its responsibility by ducking this constitutional question. Republicans say Brown is trying to pave the way for Democrats to hike taxes next session – something she denies.

The Washington Supreme Court did not say when it will issue its ruling in this case.