Legal Question in Administrative Law in Washington
Federal judges
can federal judges order local governments to raise taxes to remedy constitutional violations such as school seregation
3 Answers from Attorneys
Re: Federal judges
No. Raising taxes is a power reserved to the legislative branch. If a judge did this, it would violate the separation of powers doctrine. Judges can order damages, but they cannot raise taxes.
Re: Federal judges
Great question but I would guess what happened is that the federal court ruled that the state must comply with a federal constitutional non-discrimination provision and the only way for a state to comply is by raising taxes. If the federal government ordered a state to raise taxes to comply with a federal law, it would be a state's rights question.
Re: Federal judges
Generally no, however, a judge could declare a local government's policy unconstitutional and "force" the local government to take an alternate course of action, including raising taxes.