OLYMPIA, Wash. (AP) — The state Supreme Court says the legality of Tim Eyman's latest tax initiative, approved by voters last week, is unclear, and the case can be argued before a lower court judge.

In its unanimous opinion Thursday, the high court said it allowed Initiative 1366 on the ballot because opponents had not made a slam-dunk case that it was unconstitutional. The justices said the opponents, including some lawmakers, do have a right to challenge the measure.

The initiative gives lawmakers a choice: send a constitutional amendment to voters that would require a two-thirds majority in the Legislature to raise taxes, or see a cut in the state sales tax. The Supreme Court noted that it has never before ruled on an initiative that had such contingencies.

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