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Any near-term policy progress will have to start at the city and state levels and work its way up to the federal level. Three progressive tax victories from last night are an encouraging sign.
If you’ve ever questioned whether our country has an inequality problem, this election should provide all the evidence you need. As billionaires used their financial firepower to throw support their preferred candidates’ way, Americans who’ve been left behind took out their frustrations at the ballot box.
How do we get started on this next chapter in the fight to reverse extreme inequality? With Senate Republicans still short of a filibuster-proof supermajority, next year’s debate over the expiration of the Trump tax cuts could still present one opportunity.
But it’s also likely that any near-term policy progress will have to start at the city and state levels and work its way up to the federal level. Three progressive tax victories from last night are an encouraging sign.
In addition to these fair tax victories, I’m heartened by the passage of pro-worker reforms in several “red” states last night—in sharp contrast to the positions of their Republican representatives in the U.S. Congress.
Washington state’s Initiative 2109 was the most important tax-related ballot measure of the year. Hedge fund executive Brian Heywood bankrolled this campaign, hoping to repeal the state’s innovative capital gains tax on high earners.
With 62% of votes counted, the rollback proposal went down in a 63-37% landslide.
“This victory shows that advocacy in support of creating a more equitable tax code works,” Melinda Young-Flynn, communications director at the Washington State Budget and Policy Center, told Inequality.org.
“So many groups and individuals—including business owners, labor unions, teachers, racial justice advocates, parents, lawmakers, and many more—have worked together for more than a decade to help the public at large in our state make the connection between commonsense progressive taxes and the very real needs of our communities.”
Introduced in 2022, Washington state’s path-breaking policy imposes a 7% excise tax on capital gains from the sale of stocks, bonds, and other assets that exceed $250,000 per year (excluding real estate sales). Who makes that much from their financial investments? Fewer than 1% of the state’s richest resident.
Prior to the introduction of this tax in 2022, Washington’s wealthy had flourished under a state constitution that prohibits income tax. The capital gains tax does an end-run around that ban and the state supreme court has ruled it constitutional.
In its first two years, the capital gains levy has raised $1.3 billion for investments in childcare and early learning, public schools, and school construction.
“The people of Washington have sent a clear message,” says Young-Flynn. “The well-being of kids takes precedence over tax breaks for the ultra-wealthy. All those of us who care about economic justice know it’s well past time to stop giving the ultra-wealthy a special deal in the tax code at the expense of everyone else.”
Washington state voters also beat back an effort to allow employees to opt out of a new payroll tax for long-term care insurance if they waive the benefit of that state-operated program. If this measure had passed, it likely would’ve rendered the insurance program financially unviable. Fortunately, voters rejected the proposal by a 55-45% margin.
In Illinois, voters expressed support for an extra 3% tax on income of over $1 million, with revenue going to property tax relief. With 89% of votes counted, Illinois voters approved the ballot measure by an 89-11% margin. While this measure is nonbinding, organizers hope this victory will stoke efforts to put a constitutional amendment on the ballot in 2026 to authorize the new tax on the rich.
In addition to these fair tax victories, I’m heartened by the passage of pro-worker reforms in several “red” states last night—in sharp contrast to the positions of their Republican representatives in the U.S. Congress. Voters in Nebraska, Missouri, and Alaska approved guaranteed paid leave and Missouri and Alaska also passed state minimum wage hikes.
A friend just wrote to me with this message: “A tree outside my window is nearly bare. Perhaps it is an image of our national life this morning. We have a choice: to focus on the bare branches or to appreciate the colorful leaves.”
These state victories against the scourge of inequality are some of the colorful leaves I’m appreciating today.
"This decision is a victory for Nebraskans, democracy, and the rule of law," said one ACLU attorney.
Democracy defenders on Wednesday welcomed a Nebraska Supreme Court
ruling that orders state election officials to comply with a law allowing former felons to vote immediately after they complete their sentences instead of waiting two years.
Nebraska's unicameral Legislature voted 38-6 in favor of LB 20 on April 11. Although Republican Gov. Jim Pillen declined to sign the bill, the measure took effect the following week, as the Nebraska Constitution allows lawmakers to enact laws without gubernatorial consent five days after a bill's passage if the Legislature is still in session.
After allowing the Legislature to pass the law, Pillen explained that Nebraska Attorney General Mike Hilgers and Secretary of State Bob Evnen—both Republicans—"have identified significant potential constitutional infirmities regarding the bill" and encouraged them to "promptly take such measures as are appropriate" to redress these purported flaws.
In July, Evnen ordered county election offices to stop registering former felons who have not received official pardons, claiming LB 20 is "unconstitutional."
The Nebraska Supreme Court justices did not rule on the law's constitutionality, as the state constitution requires five members of the tribunal to declare legislation unconstitutional.
"Because the requisite number of judges have not found that the statutory amendments are unconstitutional, we issue a peremptory writ of mandamus directing the secretary and the election commissioners to implement the statutory amendments immediately," the court's split decision states.
The ruling referred to Patty and Selma Bouvier—the chain-smoking twin sisters of Marge Simpson from TV's long-running animated series "The Simpsons"—in a swipe at Hilgers and Evnen for overstepping their authority by opining on the constitutionality of LB 20.
"Only the Nebraska Supreme Court declares statutes unconstitutional," the decision states. "The [five-justice] supermajority requirement is also well known. Patty and Selma at the Department of Motor Vehicles may not be constitutional scholars, but they know that they are expected to follow the law."
Plaintiff Gregory Spung of Ohama said that Wednesday's ruling left him feeling "ecstatic."
"For so long, I was uncertain if my voice would truly count under this law," he said. "Today's decision reaffirms the fundamental principle that every vote matters. It's a victory not just for me, but for thousands of Nebraskans who can now exercise their right to vote with confidence."
ACLU of Nebraska legal and policy counsel Jane Seu said: "This is justice. Given the sheer scale of disenfranchisement that this decision corrects, there is no question that it will be remembered as one of our state's most consequential voting rights decisions."
"For Nebraskans who have been caught up in this mess for the last few months, the key takeaway is this: If you are done with all terms of your sentence, you are eligible to vote, and there is now a court decision backing that up," Seu added. "Now is the time to know your rights, get registered, and make a plan to vote."
The ACLU—which along with the ACLU of Nebraska, Civic Nebraska, and the law firm Faegre Drinker sued on behalf of Nebraskans seeking ballot access under the new law—said that the voting rights of approximately 7,000 people hung in the balance.
As The Associated Pressnoted following Wednesday's ruling:
Many of them reside in Nebraska's Omaha-centered 2nd Congressional District, where both the race for president and the makeup of Congress could be in play. Nebraska overall is heavily Republican but is one of only two states—the other is Maine—that apportions its Electoral College votes by congressional district. The Omaha-area district has twice awarded its one vote to Democratic presidential candidates—to Barack Obama in 2008 and again to Joe Biden in 2020. In a 2024 presidential race shown by polling to be a dead heat, a single electoral vote could determine who wins.
"This decision is a victory for Nebraskans, democracy, and the rule of law," ACLU Voting Rights Project staff attorney Jonathan Topaz said of Wednesday's ruling.
"Secretary of State Evnen and Attorney General Hilgers attempted to overturn two decades of rights restoration law by executive fiat and re-disenfranchise thousands of Nebraska citizens heading into a presidential election," he continued. "We are grateful the Nebraska Supreme Court invalidated this lawless attempt to reinstate permanent felony disenfranchisement and are thrilled for the thousands of eligible Nebraska voters who will be able to cast ballots in November and beyond."
"We also urge the state to extend its voter registration deadline," Topaz added. "Thousands of Nebraskans have lost months to register due to the secretary's unlawful directive, and they should be allowed sufficient time to register to vote ahead of the November election."
Nebraska's online voter registration deadline is Friday. In-person registration ends October 25. Early voting in the state began on October 7.
As voter registration surges ahead of the November 5 contest between Democratic Vice President Kamala Harris and former Republican President Donald Trump, GOP federal and state lawmakers are trying to make it harder to vote.
In July, for example, U.S. House Republicans passed Rep. Chip Roy's (R-Texas) Safeguard American Voter Eligibility (SAVE) Act, which would require proof of American citizenship to vote in federal elections. Republicans claim the bill is meant to fix the virtually nonexistent "problem" of noncitizen voter fraud.
State-level examples include legislation signed last year by Republican Florida Gov. Ron DeSantis limiting voter registration drives, with fines of up to $250,000 for violators.
Last week, the Sentencing Project, a decarceration advocacy group, published a report estimating that 4 million U.S. adults are ineligible to vote in November's election due to felony disenfranchisement, including a disproportionate number of people of color.
Earlier this year, a federal court struck down a 19th-century North Carolina law criminalizing people who vote while on parole, probation, or post-release supervision due to a felony conviction. Similar legal battles are playing out in other states. The Minnesota Supreme Court recently upheld a law signed in 2023 by Gov. Tim Walz—the 2024 Democratic vice presidential candidate—restoring former felons' voting rights upon completion of their sentences.
Last December, Democratic U.S. lawmakers led by Rep. Ayanna Pressley of Massachusetts and Sen. Peter Welch of Vermont introduced legislation to end former felon disenfranchisement in federal elections and guarantee incarcerated people the right to vote.
Currently, only Maine, Vermont, and the District of Columbia allow all incarcerated people to vote while behind bars.
The polling follow a Republican push to change Nebraska rules to boost GOP nominee Donald Trump's chances of winning in November.
Polling results released Wednesday, less than six weeks away from November's Election Day, show that a majority of Americans want to ditch the Electoral College and "would instead prefer to see the winner of the presidential election be the person who wins the most votes nationally."
Pew Research Center surveyed 9,720 adults across the United States in late August and early September, and found that 63% want to abolish the process outlined in the U.S. Constitution and replace it with a popular vote approach, compared with just 35% who favor keeping the current system.
The Electoral College is made up of electors who are supposed to act on behalf of their state's voters. Each state gets the same number of electors as its members of Congress, and Washington, D.C. gets three electors, bringing the current total to 538. The candidate who secures 270 electoral votes becomes the next president.
D.C. and most states allocate all of their electoral votes to the winner of the popular vote in their state, though Maine and Nebraska give two votes to the statewide winner, and the remaining votes to the most popular candidate in each congressional district.
Pew noted Wednesday that "some Republicans have been pressing to change Nebraska's rules so that the statewide winner gets all five of its electoral votes. This would likely work to former President Donald Trump's advantage, given Nebraska's consistent support of GOP presidential candidates."
Republican Nebraska Gov. Jim Pillen confirmed Tuesday that he has no plans to call a special legislative session to restore a winner-takes-all approach before the November election, in which Trump is set to face Democratic Vice President Kamala Harris.
There have been just five presidential contests in which the Electoral College winner did not also win the nationwide popular vote—1824, 1876, 1888, 2000, and most recently in 2016, when Trump beat Democrat Hillary Clinton by securing key "swing states."
Continuing a trend that's lasted over two decades, 8 in 10 Democrats and Democratic-leaning Independents told Pew that they prefer a popular vote system for the presidential contest, while Republicans and Independents who lean toward the GOP were more divided: 53% want to retain the Electoral College and 46% would like to replace it.
"Reference sources indicate that over the past 200 years more than 700 proposals have been introduced in Congress to reform or eliminate the Electoral College," according to the National Archives. "There have been more proposals for Constitutional amendments on changing the Electoral College than on any other subject."
Among them is a joint resolution that Congressman Steve Cohen (D-Tenn.) introduced just days after Trump incited a violent mob to disrupt the certification of his 2020 loss by storming the U.S. Capitol on January 6, 2021—for which the Republican nominee faces ongoing legal trouble.
"Americans expect and deserve the winner of the popular vote for any office to win and assume that office," Cohen said at the time. "More than a century ago, we amended our Constitution to provide for the direct election of U.S. senators. It is past time to directly elect our president and vice president. The Electoral College is a vestige of the 18th Century when voters didn't know the candidates who now appear daily on their phones and television screens."
"Last week's mayhem at the Capitol shows that attempts to manipulate the Electoral College vote by politicians employing falsehoods are a real danger," he added. "The president should always be elected by the people, not by politicians. Currently, the system allows politicians to make the ultimate decision. It is well past time to do away with this anachronistic institution and guarantee a fair and accurate vote for president."