# Billionaire Tax Fails in Court

> California's wealth tax proposal faces constitutional challenges that could kill it before voting.
- Title: Billionaire Tax Fails in Court · California Post | Shortify
- Summary: California's wealth tax proposal faces constitutional challenges that could kill it before voting. Proposition 40's wealth tax will likely fail in court due…
- Keywords: prop 40, wealth tax, california, billionaire tax now, national taxpayers union foundation, commerce clause, retroactive tax, news, entertainment, Billionaire, Tax, Fails
- Source: California Post — https://nypost.com/2026/10/22/opinion/bad-luck-lefties-even-if-your-dumb-wealth-tax-passes-billionaires-will-kill-it-in-court
- Published: 2026-10-22T23:01:04+00:00
- Read time: 1 min
- Topics: prop 40, wealth tax, california, billionaire tax now, national taxpayers union foundation, commerce clause, retroactive tax, news, entertainment
## Tax Policy Quote
Don’t tax you, don’t tax me, tax that fellow behind the tree.

> Don’t tax you, don’t tax me, tax that fellow behind the tree
## Proposition 40
California's wealth tax targets only 200 billionaires but struggles in polls.
## Tax Problems
Wealth tax causes fire sales, job losses, and becomes permanent after one-time.
## Six Legal Reasons
Proposition 40 violates Commerce Clause, Equal Protection Clause, and constitutional rights.
## Retroactive Tax
Tax applies to billionaires living in California on Jan 1, 2026, retroactive date.
## Commerce Clause
Tax targets assets in other states or countries, violating fair apportionment rules.
## Equal Protection Clause
Crippling penalties for private valuation experts who estimate assets below state tax.
## Bill of Attainder
Tax targets specific individuals without judicial trial, violating constitutional rights.
## Key takeaway

Proposition 40's wealth tax will likely fail in court due to retroactive dates and constitutional violations.