Does tax bill violate the Constitution by treating residents of high-tax states differently?

 

Some governors of high-tax states are considering a constitutional challenge to the $10,000 cap on state and local deductions for income and property taxes in the tax bill passed by Congress last month.

Among those considering a challenge are incoming New Jersey Gov. Philip Murphy, New York Gov. Andrew Cuomo and California Gov. Jerry Brown, Reuters reports. The New York Times, another Reuters article and Josh Blackman’s Blog also look at the issue.

Cuomo vowed to challenge the tax law in his State of the State address on Wednesday, Politico reports. “They’re now robbing the blue states to pay for the red states. … It is an economic civil war, and make no mistake, they are aiming to hurt us,” Cuomo said. “We believe it is illegal and we will challenge it in court as unconstitutional … the first federal double-taxation in history, violative of states’ rights and the principle of equal protection.”

Does tax bill violate the Constitution by treating residents of high-tax states differently?

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