TABOR Committee members and TABOR friends,
This morning saw an important step in a case that threatens the very existence of the Taxpayer’s Bill of Rights. The development should be good news for our side.
As a reminder – current and former members of the state legislature (and others) sued in federal court alleging that TABOR removes legislators’ ability to “govern effectively.” The case to declare TABOR unconstitutional is defended by the Colorado Attorney General. Although the Plaintiffs claim to target only TABOR, if their legal theory were to win, all restrictions on the powers of legislators that came into being through initiated ballot issues would be threatened. The possible mischief by unguided, unlimited legislators would be essentially unbounded. The TABOR Foundation was one group to file a “friend of the court” brief to support the defense of TABOR. Very central to the current status is the Defendant’s argument that some issues may be decided only in the political realm; that interference by the judicial branch is constitutionally inappropriate. Both a liberal trial judge and a liberal panel of judges in the 10th Circuit Court of Appeals were ready to allow the federal court to hear the merits of the case. Acting to protect TABOR, the Defendant filed a request to the US Supreme Court for it to rule on whether the case should proceed. Continue reading