An asterisk on Nevada's constitution

As we feared, the Nevada Supreme Court decision on a two-thirds vote to raise taxes will stand.

The 9th Circuit Court of Appeals declined to take up the issue, which should surprise no one because of the federal courts' reluctance to interpret state constitutional questions.

The appeals court said the case is moot because the Nevada Assembly eventually voted with a two-thirds majority to approve an $883 million, record-setting tax increase in the 2003 session.

"No taxpayer paid a nickel into the coffers of Nevada" because of the state court's willingness to allow a simple majority to raise taxes, a 9th Circuit panel of three judges wrote in a memo.

Well, that's true - as far as it goes.

But when the Nevada Supreme Court said the provision for a two-thirds majority could be considered secondary to a provision guaranteeing funding for education, the justices created an asterisk in the state's constitution.

It changes the political context of any future fight over raising taxes in the Legislature, because that asterisk says a two-thirds majority is required - *unless you can't get one.

Perhaps history won't repeat itself anytime soon (and we certainly hope that's the case.) But if it does, and a majority of legislators is favoring a tax increase but can't swing the two-thirds majority, they can be comforted by the fact that a quick filing with the Nevada Supreme Court will have the power of precedence behind it.

The court last July stepped into a political situation and made a political decision, when none was necessary. The state's budget had plenty of money to fund education. It didn't have enough money to fund everything without a sizable tax increase.

As we've pointed out before, most legislators favored most of the tax increases. The arguments were chiefly over who should be taxed, and by how much. There was much finger-pointing over who was willing to compromise, who was backstabbing and who was playing politics with the budget.

Initiatives may give voters another opportunity in November to renew their support for the two-thirds majority. We hope they erase the asterisk.