The Washington Supreme Court Election: Why Every Vote Counts

The Washington State Supreme Court race will arguably be the most consequential contest on the ballot this November, yet it has traditionally received little public attention. This year is different, with a record five of the court's nine seats on the ballot. The justices elected this fall will shape decisions that affect all Washingtonians for years to come.

As the state's highest court, the Washington Supreme Court interprets laws passed by the Legislature and the Washington Constitution. Its decisions influence issues ranging from elections and voting rights to taxation, civil rights, and public policy. Two issues likely to come before the court illustrate the significance of this election.

Millionaires’ Tax

The court will likely review the constitutionality of the Legislature's recently enacted millionaires’ tax. The new 9.9% tax applies only to households with annual incomes exceed-ing $1 million. Opponents, including former Attorney General Rob McKenna and former Supreme Court Justice Phil Talmadge, have challenged the law in Klickitat County Superior Court.

The case is expected to work its way through the courts before reaching the Washington Supreme Court. Previous court decisions have held that income taxes violate the state constitution, but supporters of the new law believe the time is right to revisit those precedents.

For decades, advocates, including PSARA, have supported progressive tax reform, arguing that Washington's tax system has placed a disproportionate burden on lower- and middle-income residents. Supporters see the millionaires’ tax, together with the capital gains tax, as an opportunity to make the tax system more equitable while generating additional revenue for education, health care, housing, homelessness programs, and public safety.

Initiative IL26-645 would repeal the millionaires’ tax. If approved by voters, its legality could also be challenged in court, with the Washington Supreme Court ultimately deciding the issue.

Civil Rights and Equal Protection

The court may also be asked to rule on initiatives affecting civil rights and protections for LGBTQ+ youth. Brian Heywood and Let's Go Washington are sponsoring two ballot measures that PSARA opposes.

Initiative IL26-638 would prohibit transgender girls from participating in girls' sports in public schools. Initiative IL26-001 would modify current student privacy protections involving access to counselors and health care. PSARA has joined the No Hate in WA State Campaign in opposing both initiatives.

If either initiative passes, legal challenges are likely. Washington's constitution and the Washington Law Against Discrimination provide broad civil rights protections, and our state Supreme Court could be asked to determine whether the initiatives are consistent with those protections. Even if the measures fail, recent U.S. Supreme Court decisions suggest that Washington's policies on inclusion and student privacy may continue to face legal challenges.

The Candidates

At press time, before the August primary, 16 candidates were seeking five Supreme Court seats in these nonpartisan elections. The top two finishers in each race will advance to the November general election. Three incumbents—Justice Melody, Justice Angelis, and Chief Justice Stephens—are seeking reelection.

Questions for Voters

The Supreme Court's decisions affect every Washington resident. As voters evaluate candidates, they may wish to consider whether each candidate:

• Has relevant judicial or legal experience.

• Has demonstrated fairness and impartiality.

• Shows a strong understanding of and commitment to the Washington Constitution.

• Understands how court decisions affect families, communities, and businesses.

• Has a thoughtful view of the court's role in reviewing laws enacted by voters and elected officials.

Researching the Candidates

Voters have several resources available to learn about judicial candidates. The Washington Secretary of State's Voters' Guide includes candidate statements, campaign websites, endorsements, and campaign finance information.

The Northwest Progressive Institute's online Election Visualizer provides additional information about Supreme Court candidates, although some links may not always be current.

Several bar associations also conduct judicial evaluations, for example: Washington Women Lawyers, Loren Miller Bar Association, QLaw, and the Latino/a Bar Association. Because these reviews are performed by volunteer committees, evaluations may not be available for every candidate or election cycle, but they can provide useful professional perspectives as Election Day approaches.

This year's Supreme Court election will help determine how Washington's highest court addresses major legal questions involving taxation, civil rights, elections, and other constitutional issues. The initiatives on the November ballot may also lead to significant litigation, making the composition of the court especially important. This term’s dreadful US Supreme Court opinions have underscored the influence courts have on public policy and daily life. Washington voters have a unique opportunity to shape their own state's highest court because the state Supreme Court justices are elected rather than appointed for life. Taking time to learn about the candidates and voting our values is our privilege and responsibility.