The lawsuit Kerr vs. Polis (formerly known as Kerr vs. Hickenlooper) is an existential threat against the Taxpayer’s Bill of Rights. Politicians launched this lawsuit over a decade ago to have the federal courts overturn our Colorado constitutional provision. What makes it especially pernicious is that the legal theory behind Plaintiffs’ arguments is that citizens can’t restrict the legislature in this fashion. Although the people suing claim to aim only for TABOR, if they were to be successful, then the legal theory could lead to entrenched power claiming that citizens have no say in laying out rules that the government must live by. The case is currently before the 10th Circuit Court of Appeals, in which all the judges will review whether the Plaintiffs have “standing” to sue in the first place.
The oral arguments are set for May 10 at 10:00 am Mountain time. It will be only on Zoom for Government. Based on the written arguments, the discussion is likely to be arcane and legalistic. You may listen in if you wish, and here are the instructions for doing so: