Phone: (206) 685-1635
Email: spith@uw.edu
B.A. 1970, Yale University Cum Laude, with Special Honors J.D. 1974, University of Washington LL.M. 1982, University of California, Berkeley
Comparative Law — Constitutional Law — Legal Ethics and Professional Responsibility — Legal Philosophy and Theory — Legislative Process — Local Government and Municipal Law — Washington State Constitutional Law
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Opponents of an initiative to repeal Washington’s new high-earners income tax are warning the proposal could also strike down other taxes, putting billions of dollars in state revenues that fund public services at risk. Hugh Spitzer, associate dean emeritus and retired professor in the UW School of Law, is quoted.
A Seattle-based group is trying to drive conversations that could lead to 2028 ballot measures in Washington and Oregon on secession if things don’t improve. The effort is hardly an outlier. Hugh Spitzer, associate dean emeritus and retired professor in the UW School of Law, is quoted.
More than a year after board members authorized the use of eminent domain to take over the privately-owned portion of the Madrona Links Golf Course, PenMet Parks is taking action. Hugh Spitzer, associate dean emeritus and retired professor in the UW School of Law, is quoted.
Five judicial candidates will compete for a spot on the state Supreme Court in Washington, the state’s highest court, in the upcoming fall 2026 elections. Hugh Spitzer, associate dean emeritus and retired professor in the UW School of Law, is quoted.
Spitzer says it’s a very big ask of Congress to approve such a change, but “it can be done.” He says any attempt to do so would very likely result in legal challenges, which the Supreme Court may treat as a “political question,” as outlined in a 1962 SCOTUS decision.
Five of nine seats on the Washington State Supreme Court are up for grabs: two fully open seats, two appointed incumbents and one sitting elected justice. Normally, turnover on the high court moves slowly, but on Nov. 3, Washington voters will elect five justices to the state’s highest court in what could be a defining election for the court’s future rulings, including major legal questions. Hugh Spitzer, associate dean emeritus and retired professor in the UW School of Law, is quoted.
“On Friday, the focus is laying out the problem with the Trump administration’s coordinated attacks on judges …There’s a real organized attack by the executive branch on the judicial branch at the federal level,” UW School of Law Associate Dean Emeritus Hugh Spitzer said. “And then Saturday, we’re focusing a little more on solutions; what do we do about this?”
"I think that fundamentally the state Supreme Court is going to stay the same," Spitzer told The Center Square, when asked how the races could affect a future ruling. "I honestly don't think that the election is going to make a heck of a lot of difference one way or the other in how they approach that case."
Five state Supreme Court justice seats are up for election this November, an unusual scenario that experts say has not happened in recent memory. Hugh Spitzer, associate dean emeritus and retired professor in the UW School of Law, is quoted.
Former Attorney General Rob McKenna and the Citizens Action Defense Fund have officially filed a lawsuit challenging the constitutionality of Washington’s newly passed income tax on high earners, also known as the “millionaires tax.” Hugh Spitzer, associate dean emeritus and retired professor in the UW School of Law, is quoted.
Washington’s Supreme Court has agreed to weigh in on the constitutionality of a portion of the recently passed income tax on high earners, also known as the “millionaires tax.” Hugh Spitzer, associate dean emeritus and retired professor in the UW School of Law, is quoted.
Gov. Bob Ferguson signed into law Senate Bill 5974, with the promise from supporters that it would even the playing field between rank-and-file officers and those tasked with leading them. It will take effect April 30, with some parts delayed until 2027. Hugh Spitzer, associate dean emeritus and retired professor in the UW School of Law, is quoted.
When Gov. Bob Ferguson revealed his picks for the Washington Supreme Court, he lauded the two appointees, Colleen Melody and Theo Angelis, as exceedingly qualified. Hugh Spitzer, associate dean emeritus and retired professor in the UW School of Law, is quoted.
President Donald Trump has suggested that the federal government should take over federal elections, especially in Democratic-leaning states. I rarely agree with President Trump, but the basic concept of national control of national elections has merit.
"As of early Tuesday, the Legislature appeared poised to pass Senate Bill 6346, which would impose a 9.9 percent tax upon annual household earnings of more than $1 million. Washington is one of nine states that does not have an income tax, although the Legislature did pass a capital gains tax in 2021," writes The Columbian's editorial board. Hugh Spitzer, associate dean emeritus and retired professor in the UW School of Law, is quoted.
Most states do not treat income as property, and even at the time, the decision in Culliton misstated how such a tax was treated by courts in most of the country, said Hugh Spitzer, an emeritus law professor at the University of Washington and a state constitutional expert. Holcomb, in his 1933 majority opinion, said most courts nationally had reached a consensus that income is a form of property.
Five of the nine seats on the Washington Supreme Court are turning over as major constitutional fights — including a proposed millionaire tax — head toward potential legal challenges. Hugh Spitzer, associate dean emeritus and retired professor in the UW School of Law, is quoted.
Spitzer said legislators also set eligibility standards for elected judges and prosecutors, who can lose their seats if they are disbarred by the state bar association for misconduct. They can appeal those decisions to the Washington Supreme Court.
"America’s political and social polarization is aggravated by two features baked into our 18th-century Constitution: a built-in advantage for small-population states in the U.S. Senate and Electoral College, and extremely difficult methods for amending the founding document."
"Whatever the outcome, the letter sent by U.S. Attorney General Pam Bondi on Aug. 13 to Gov. Bob Ferguson, Seattle Mayor Bruce Harrell and more than 30 governors, mayors and other leaders across the nation was meant to attract attention. It did just that," writes the Seattle Times editorial board. Hugh Spitzer, retired professor in the UW School of Law, is quoted.
Pierce County Sheriff Keith Swank’s desire to cooperate with federal immigration authorities, despite Pierce County officials saying he can’t under Washington law, has resulted in pending legal action after Swank used an outside attorney to serve three officials with a demand for mediation last week. UW Law professor Hugh Spitzer, is quoted.
As the document that formed the U.S. government, defined its parts and set down the rights of its people, the Constitution does many things. Professor Spitzer is quoted.
"Jake Whittenberg delves into the impact of President Trump's first 100 days in office from immigration to the economy to constitutional law." Professor Spitzer is interviewed beginning at 38:29.
President Donald Trump’s expressed plans to close the Department of Education could be constitutional if he goes to Congress and gets the authority to do that, Spitzer said. Congress created the department and provides its funding. It could vote to revoke the former and cancel the latter.
Climate advocates joined by King County and the city of Seattle filed a lawsuit challenging the constitutionality of a natural gas initiative passed narrowly by voters last month. Hugh Spitzer, professor of law at the UW, is mentioned.
"Stop the gas ban," roadside signs and online ads urge Washington voters, even though gas hasn’t been banned in Washington. Hugh Spitzer, professor of law at the UW, is quoted.
Whether Bird could actually constitutionally declare homelessness a state of emergency and subsequently use the emergency powers of the governor’s office to address that declaration is unclear. University of Washington law school professor Hugh Spitzer, a leading state constitution scholar, thinks it is unlikely Bird could actually make such a move. “[Article 3 Section 8] simply tells us that the Governor is the commander in chief of the state militia. But the specifics of the Governor’s powers are set out in Chap. 38.08 RCW. But that statute gives the Governor strong powers re the militia (now the National Guard) only in the event of an invasion or insurrection,” Spitzer said.
The U.S. Supreme Court on Tuesday decided not to hear an appeal of a Washington state Supreme Court ruling from March 2023 that found a statewide tax on capital gains to be lawful. Hugh Spitzer, professor of law at the UW, is quoted.
Still, though all appointed by the same president, the new slate of appointees, “are fairly diverse in backgrounds and attitudes,” said Hugh Spitzer, a professor at the University of Washington School of Law. Washington state’s nonpartisan selection panel ensures recommended nominees are “mainstream establishment bar lawyers,” a system not present in every state, Spitzer said.
Opponents of the capital gains tax in Washington state are not giving up. Conservative think tank Freedom Foundation asked the U.S. Supreme Court on Monday to hear an appeal in another bid to overturn the state’s new capital gains tax law. Hugh Spitzer, professor of law at the UW, is quoted.
The most recent loan forgiveness plan seems to be on a more solid legal footing, according to University of Washington law professor Hugh Spitzer, based on borrowers being in an income-driven repayment plan for lower earners.
Washington Gov. Jay Inslee has called a special session after state lawmakers were unable to reach a compromise on a drug bill during the last day of the recent legislative session. Hugh Spitzer, professor of law at the UW, is quoted.
Duplexes, fourplexes or sixplexes will soon be legal in nearly every neighborhood in nearly every city in Washington, after the state Legislature passed ambitious legislation last week overriding cities’ power to restrict land to single-family homes only. But the new rules will not apply to some of the state’s wealthiest neighborhoods — such as Broadmoor in Seattle and Innis Arden in Shoreline — which will be able to continue to be enclaves of single-family homes even as surrounding areas open up to new development. The UW's Hugh Spitzer, professor of law, and James Gregory, professor of history, are quoted.
The only two dissenters in Quinn v. State didn’t stand a chance of persuading their centrist colleagues on the Court to invalidate the capital gains tax. After all, as University of Washington Law professor Hugh Spitzer explained 30 years ago, their arguments are bunk.
Over the phone, University of Washington law professor Hugh Spitzer, who filed a brief with the Court in defense of the capital gains tax, argued that a majority of the justices would likely overturn that old 1930s precedent and uphold an income tax if the Legislature or the people (via an initiative) enacted one. "But I think the Court is reluctant to assume the role of policymaker," he said.
“The court could have unwound the 1933 income tax ruling, but it did not need to because Washington’s capital gains tax was carefully structured as a straightforward excise tax under Washington precedent,” said Professor Hugh Spitzer, interim associate dean for academic administration at the University of Washington School of Law. “The court simply did not need to go so far as to annul its early income tax decisions.
The Washington State Supreme Court released its ruling Friday upholding the constitutionality of the state’s capital gains tax. The tax was expected to raise $500 million for early childhood education before opponents challenged it. The law creating the capital gains tax, SB 5096, was signed last year by Gov. Jay Inslee and went into effect in January 2022, before it was stopped by a lawsuit. The legislation created a 7% tax on the sale or exchange of capital assets above $250,000. Hugh Spitzer, professor of law at the UW, is quoted.
Democrats in the Washington state legislature are trying again to make the state’s wealthiest residents pay up with a bill that would tax wealth surpassing $250 million. The proposal, sponsored by Sen. Noel Frame, would trigger a 1% tax on financial assets such as stocks and bonds, excluding the first $250 million. Hugh Spitzer, professor of law at the UW, is quoted.
Liberty Lake politicians this month could change city law to reduce the authority of the library board, a five-member group of appointed volunteers that sets policy and has the final say over which books belong on the shelves. Hugh Spitzer, professor of law at the UW, is quoted.
A conservative legal advocacy organization is suing to halt the nearly $17 billion transportation funding bill passed by the Washington Legislature and signed by Gov. Jay Inslee last year. The organization, the Citizen Action Defense Fund, argued in a filing Tuesday that the 16-year transportation revenue package contains multiple subjects that lack “rational unity,” and because of that, it violates the state constitution. Hugh Spitzer, professor of law at the UW, is referenced.
Hugh Spitzer, constitutional law professor at the University of Washington, said courts have also tossed laws passed by lawmakers in Olympia, adding that they tend to relate to transportation.
The Washington state Supreme Court will hear arguments this week on whether a statewide tax on capital gains in excess of $250,000 is lawful. The capital gains tax, approved by the legislature and signed by Gov. Jay Inslee two years ago, made waves in the tech industry since it targets stocks, which can be a key part of compensation for workers. Last year, a Douglas County Superior Court judge struck the law down on the grounds that it violated Washington’s constitutional mandate for taxes to be applied uniformly. Hugh Spitzer, professor of law at the UW, is quoted.
The professors filing the brief were Hugh Spitzer of the University of Washington School of Law; Lily Kahng of the Seattle University School of Law; Reuven S. Avi-Yonah of the University of Michigan Law School; David Gamage of the Indiana University, Bloomington, Maurer School of Law; Erin Scharff of Arizona State University's Sandra Day O'Connor College of Law; and Darian Shanske of the University of California, Davis, School of Law.
Hugh Spitzer, Professor of Law, University of Washington School of Law and Lily Kahng, Professor of Law, Seattle University School of Law, were joined by four out-of-state scholars in stating that “ESSB 5096 falls squarely within this Court’s longstanding definition of an excise tax because the incidence of the tax operates upon the act of transferring capital assets and not directly upon the property itself…”
University of Washington law professor Hugh Spitzer has a different take, although he agrees with Mercier on one thing. “Yes, it’s a very broad definition,” he said of the state’s take on “property.” Spitzer went on to note, “But there are still a number of cases in which the state Supreme Court held that taxes were NOT property taxes. Those include the case upholding the old motor vehicle excise tax, and another upholding the real estate excise tax.”
“I don’t have any comment on the policy issues involved,” he said. “But, given the increasing spread of the latest strains of COVID-19, the fairly inconsequential requirements that Gov. Inslee has left in place are probably legally justified.”
"In its recent cases, an ideological U.S. Supreme Court is not just driving toward desired results. It’s also engaged in a troubling drive to return the court to late 19th century legal theories that until 1937 caused great harm to state and federal efforts to improve Americans’ lives," writes Hugh Spitzer, professor of law at the UW.
Hugh Spitzer, professor of law at the UW, says the State Supreme Court might find that the State Constitution protects the right to an abortion, but it's not easy to get that question in front of the court.
A new U.S. Supreme Court ruling for the state of Maine may one day impact Washington’s charter schools. Hugh Spitzer, professor of law at the UW, is quoted.
As part of the "We the People" column, The Spokesman-Review examines one question each week from the naturalization test immigrants must pass to become United States citizens. Today’s question: What is the rule of law? Hugh Spitzer, professor of law at the UW, is quoted.
Associate Dean Emeritus Hugh Spitzer presents lesser-known facts about one of the nation’s most revered documents.
Dean Tamara F. Lawson presents Jurist-in-Residence Robert Harlan Henry and Associate Dean Emeritus Hugh Spitzer as part of the AALS Teach-In Webinar Series on Professional Independence and the Legal Profession.
Retired UW Law professor Hugh Spitzer on the disproportionate power of small-population states and the difficulty of reforming the U.S. Constitution.
UW Law — one of more than 150 schools in global alliance formed this year — presents at Inaugural Rule of Law Global Academic Partnership Conference.
WSBA President Sunitha Anjilvel spoke with professor Spitzer about when and how lawyers have been called upon to uphold their highest ambassadorial obligation to preserve the rule of law.
Washington Law Review’s most recent edition includes an article by UW Law Professor Hugh Spitzer that examines the topics of all lead articles during the past century.
Professor Hugh Spitzer gives a primer on the Washington State Constitution through a Q&A.
