Constitutional Scholar Warns: Blue States Targeting Fleeing Taxpayers Like ‘Deranged Ex-Spouse’

Clear Facts

• Jonathan Turley, constitutional law professor at George Washington University, compared blue state exit taxes to a ‘deranged ex-spouse in denial’
• Multiple blue states are proposing taxes on wealth and income of former residents who have already moved away
• Legal experts warn these measures may violate constitutional protections for interstate commerce and freedom of movement

Constitutional law professor Jonathan Turley issued a stark warning about an emerging trend in Democratic-controlled states: imposing taxes on residents who dare to leave for greener pastures. In a pointed commentary, Turley compared these so-called “exit taxes” to the behavior of a jealous former partner unable to accept reality.

The George Washington University law professor didn’t mince words when describing what he called an “absolutely bizarre situation.” Several blue states facing budget crises and population losses are now proposing to tax the wealth and even future income of former residents who have already relocated to other states.

“This is like a deranged ex-spouse in denial,” Turley explained, highlighting the desperate measures some state governments are considering to stem the flow of tax revenue leaving with their departing residents.

The constitutional concerns are significant. Legal scholars point to multiple provisions in the U.S. Constitution that protect Americans’ right to move freely between states without facing punitive measures from governments they’ve left behind. The Commerce Clause and the Privileges and Immunities Clause both appear to prohibit exactly the kind of extraterritorial taxation these states are proposing.

States like California, New York, and Massachusetts have seen wealthy residents flee to tax-friendly jurisdictions like Florida, Texas, and Tennessee in record numbers. The COVID-19 pandemic accelerated this trend as remote work made geographic location less important for many high earners.

Rather than addressing the underlying policy failures driving residents away — high taxes, excessive regulation, rising crime, and deteriorating quality of life — some blue state legislators are instead trying to chase former taxpayers across state lines. Proposed measures include wealth taxes that would apply for years after someone moves away and taxes on unrealized capital gains accumulated while living in the state.

“You have to ask yourself: if your state is so great, why are people leaving in droves?” one fiscal policy analyst noted. “The answer isn’t to hold them hostage financially. The answer is to make your state more attractive.”

The comparison to a bitter divorce resonates beyond mere rhetoric. Just as a healthy separation allows both parties to move forward independently, the American federal system is designed to allow citizens to vote with their feet — choosing the state whose policies best align with their values and economic interests.

This state-level competition has historically driven policy innovation and kept government accountable. When states can reach across borders to extract wealth from former residents, that entire system breaks down.

Tax experts predict these measures, if enacted, would face immediate legal challenges and likely be struck down by federal courts. However, the mere proposal of such legislation reveals the fiscal desperation plaguing blue state governments and their unwillingness to make the structural reforms necessary to compete in a mobile, 21st-century economy.

The irony isn’t lost on observers: states that champion progressive values and claim to support freedom of choice are simultaneously attempting to financially penalize residents for exercising their constitutional right to relocate.

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