I have the Virginia Supreme Court’s opinion on the HB 3202 decision here. Revel in the joy of watching Bob Marshall humble those who have been casually dismissing him, as so often seems to happen, in reading this scathing rebuke of this scheme to establish unconstitutional taxation authorities in Virginia.
It won’t take all that much to actually fix this, since all that needs to be done is have localities impose taxes and direct the proceeds to the NVTA, if this is really what we want to do. That would let localities choose to participate or not on their own, instead of being dragged into this if enough of their neighbors decided they wanted to do it. Most of the problems here were introduced when Governor Kaine amended HB 3202, and if we undo those, and fix who is calling the shots for taxes, we could do this the right way, instead of pretending that the Constitution doesn’t say what it clearly does say.
Of course that depends on legislators actually voting to increase taxes on their constituents. Now they don’t have the NVTA to hide behind, which might make just a little bit of difference.
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