(C) Common Dreams
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The Supreme Court May Preemptively Ban a Federal Wealth Tax [1]

['Matt Ford', 'Michael Tomasky', 'Grace Segers', 'Adrienne Mahsa Varkiani', 'Robert Schlesinger', 'Tori Otten']

Date: 2023-06-26

Debates over a wealth tax’s constitutionality are not new, of course. After Massachusetts Senator Elizabeth Warren made her proposal to enact one as a centerpiece of her 2020 presidential campaign, more than a few legal scholars argued that such a tax would not fall within the Sixteenth Amendment’s parameters. (Warren and other wealth-tax proponents disagree.) If Congress implemented such a tax in the future, a legal challenge to it in the courts would be virtually guaranteed.

The court’s decision to hear the Moores’ case also comes at an awkward time for the justices, to say the least. ProPublica and other major news outlets have reported extensively on Justice Clarence Thomas’s fruitful relationship with Harlan Crow, a billionaire and GOP megadonor, in recent months. Last week, the publication also reported that Justice Samuel Alito went on a free luxury fishing trip in Alaska in 2008 with billionaire Paul Singer, who gave the justice a free ride on his private jet to get there. Both Thomas and Alito have denied that they acted improperly by not disclosing the billionaires’ gifts on their annual financial-disclosure forms; Alito even took to the Wall Street Journal’s op-ed section to defend himself.

Only four votes are needed for the justices to take up a particular case. The court does not disclose how the justices vote on petitions for review, so it is not known if Thomas or Alito voted to hear the Moores’ lawsuit. Americans will get a clearer perspective on their views in the case when the court hears oral arguments in the fall term. As the justices wrestle with rapidly declining public esteem and multiple ethics controversies, taking up a case that could protect billionaires from wealth taxes before Congress can even pass them is an interesting choice.

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[1] Url: https://newrepublic.com/post/173913/supreme-court-may-pre-emptively-ban-federal-wealth-tax

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