Arizona Supreme Court Set To Consider Injunction Ruling In Case Against Prop 208

Arizona State Courts Building. (Photo by Kevin Bondelli/Creative Commons)

On Thursday, the Arizona Supreme Court announced it will hear “oral arguments on April 20 in an attempt to quickly address whether a lower court judge should have put Proposition 208 on hold pending a trial, according to

The constitutional challenge to Proposition 208 is brought by a group of legislators and taxpayers. The Court will hear arguments on April 20.

Attorneys for the legislators and taxpayers argue that the initiative violates several provisions of the state Constitution, including limits on spending and tax increases.

Timothy Sandefur, Vice President for Litigation at the Institute and one of the lawyers representing the taxpayers said, “Rather than having the case go through the slower procedures for appeals, the Court announced that it will hear the case right away.”

Maricopa County Superior Court Judge John Hannah rejected a request by the legislators and taxpayers for preliminary injunctive relief. They immediately appealed to the Arizona Court of Appeals, but simultaneously asked the Supreme Court to take the case right away. That request to consider injunctive relief was granted in Thursday’s order.

Proposition 208, approved by Arizona voters in 2020, provides for the largest tax increase in the state’s history to fund public education.

“It’s crucial that Arizona lawmakers have these legal questions resolved right away so that they know how to budget for the coming year,” Sandefur said. “And it’s crucial that Arizona taxpayers get these questions answered immediately. Imposing a tax increase in the middle of a recession—and one as extreme as Proposition 208, especially—poses a major threat to the state’s long-term economic viability.”

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