Category Archives: Kerr vs. Polis Lawsuit

Feb 06

Court Order Vacates Appellate Panel

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FILED
United States Court of Appeals
PUBLISH Tenth Circuit

October 14, 2020
UNITED STATES COURT OF APPEALS
Christopher M. Wolpert
Clerk of Court
FOR THE TENTH CIRCUIT
_________________________________
ANDY KERR, Colorado State
Representative; NORMA V. ANDERSON;
JANE M. BARNES, member Jefferson
County Board of Education; ELAINE GANTZ BERMAN, member State Board of Education; ALEXANDER E. BRACKEN; WILLIAM K. BREGAR, member Pueblo District 70 Board of
Education; BOB BRIGGS, Westminster No. 17-1192
City Councilman; BRUCE W. (D.C. No. 1:11-CV-01350-RM-NYW)
BRODERIUS, member Weld County (D. Colo.)
District 6 Board of Education; TRUDY B.
BROWN; JOHN C. BUECHNER, Ph.D.,
Lafayette City Councilman; STEPHEN A.
BURKHOLDER; RICHARD L. BYYNY,
M.D.; LOIS COURT, Colorado State
Representative; THERESA L. CRATER;
ROBIN CROSSAN, member Steamboat
Springs RE-2 Board of Education;
RICHARD E. FERDINANDSEN;
STEPHANIE GARCIA, member Pueblo
City Board of Education; KRISTI
HARGROVE; DICKEY LEE
HULLINGHORST, Colorado State
Representative; NANCY JACKSON,
Arapahoe County Commissioner; CLAIRE
LEVY, Colorado State Representative;
MARGARET MARKERT, Aurora City
Councilwoman, AKA Molly Markert; MEGAN J. MASTEN; MICHAEL MERRIFIELD; MARCELLA L.
MORRISON, AKA Marcy L. Morrison;
JOHN P. MORSE, Colorado State Senator;
PAT NOONAN; BEN PEARLMAN,
Boulder County Commissioner;
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Jan 24

Opinion: Politicians’ challenge to Colorado’s TABOR is without merit

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For almost three decades, TABOR has been a godsend for Colorado taxpayers.

2:55 AM MST on Jan 24, 2021

Colorado’s Taxpayer’s Bill of Rights is under attack once again, this time by the very politicians whose actions TABOR is intended to check.

A lawsuit filed by state legislators and some local elected officials has been wending its way through the federal courts since 2011. They seek to overturn the voter-enacted TABOR amendment to the Colorado constitution, which requires voter approval before state and local legislative bodies can impose or raise taxes.

The lawmakers’ case rests on the dubious idea that by denying legislators a free hand on matters of taxing and spending, TABOR denies Coloradans a republican form of government, in violation of the U.S. Constitution.

It’s a specious, self-serving argument that ignores more than a century of case law and practical political experience with voter initiatives and referendums, in Colorado and elsewhere.

The case will now be heard by the entire U.S. Court of Appeals for the 10th Circuit, although it seems likely that the U.S. Supreme Court will eventually get the final word.

It’s a complicated case involving questions of standing — who has the right to bring a case to court — and whether constitutional guarantees of a republican form of government include the actions of political subdivisions such as school boards.

To continue reading this story, please click (HERE):

Dec 28

Update On Kerry vs Polis Lawsuit

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“The federal court of appeals will review the trial court’s ruling on whether the case should even be brought before the federal judicial system.  Your TABOR Foundation is one of three entities that filed a “friend-of-the-court” urging the courts to reject the arguments of the plaintiffs, and thereby end the case and leave the Taxpayer’s Bill of Rights unchallenged.  You may read the argument submitted by Mountain States Legal Foundation, the Colorado Union of Taxpayers and our Foundation, below.”

Case No. 17-1192

 

 

IN THE UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

 

 

ANDY KERR, Colorado State Representative, et al.,

Plaintiffs-Appellants,

 

v.

 

JARED POLIS, Governor of Colorado, in his official capacity,  Defendant-Appellee.

 

 

On Appeal from the United States District Court for the District of Colorado

No. 11-CV-01350-RM-NYW, The Honorable Raymond P. Moore

 

 

BRIEF OF AMICI CURIAE MOUNTIAN STATES LEGAL FOUNDATION, THE COLORADO UNION OF TAXPAYERS FOUNDATION, AND THE TABOR FOUNDATION IN SUPPORT OF APPELLEE URGING AFFIRMANCE

 

 

 

Cody J. Wisniewski

MOUNTAIN STATES LEGAL FOUNDATION

2596 South Lewis Way

Lakewood, Colorado 80227

(303) 292-2021

cody@mslegal.org

 

Attorney for Amici Curiae

 

 

CORPORATE DISCLOSURE STATEMENT

The undersigned attorney for Amici Curiae, Mountain States Legal Foundation, the Colorado Union of Taxpayers Foundation, and the TABOR Foundation certifies that

Mountain States Legal Foundation, the Colorado Union of Taxpayers Foundation, and the TABOR Foundation are non-profit corporations that have no parent corporations and have never issued any stock.

 

Respectfully submitted this 21st day of December 2020.

 

 

/s/ Cody J. Wisniewski          

Cody J. Wisniewski

MOUNTAIN STATES LEGAL FOUNDATION

2596 South Lewis Way

Lakewood, Colorado 80227

(303) 292-2021

cody@mslegal.org

 

Attorney for Amici Curiae

 

i

TABLE OF CONTENTS Continue reading →

Dec 17

Happy New Year From Your Colorado TABOR Foundation!

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By a vote of 55% to 45%, you helped defeat Prop CC to remove TABOR spending limits, but they’re at it again.

Anti-TABOR activists are already testing ballot language for a 2020 initiative to unwind your Taxpayer’s Bill of Rights. With a high Democratic voter turnout, they see next year’s election as their chance to amend the State Constitution to give government taxing authority without a vote of the people.

The TABOR Foundation educates voters on how the Taxpayer’s Bill of Rights protects their livelihood and why it matters to their family’s future.

We give seminars, media interviews, social media updates, and we’re a primary contact for citizens asking for help when their local jurisdictions violate TABOR mandates.  Importantly, we engage in legal action to protect TABOR.

Defending freedom costs time – and money. We need more help. What can you do to help us?

Please send your donation of $50, $100, $150 or more. Checks payable to TABOR Foundation, a 501c3 not-for-profit organization, may be tax deductible as allowed by law.

And, we welcome your service with our Board of Directors, Speakers Bureau, or in some other capacity.  Please call me to talk about being more involved.  Thanks!

 

Sincerely,

Penn R. Pfiffner
Chairman
303-233-7731

TABOR Foundation
720 Kipling St.
Lakewood, CO 80215
www.thetaborfoundation.org 

Nov 12

We could use your help, talents, and skills defending the gold standard, Colorado’s Taxpayer’s Bill of Rights (TABOR).

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Now that Proposition CC has gone down in flames, what will progressives do next to sabotage TABOR?
Aren’t you sick and tired on politicians trying to weasel their way out of, or ignoring, TABOR?
We need to do something about it, right?
Well then, why not you?
Yes, you read that right.
Why not?  It’s a great time to get involved.
If not you, then who?
We could use your help, talents, and skills defending the gold standard, Colorado’s Taxpayer’s Bill of Rights (TABOR).
We’re looking forward to having you help Colorado.
It’s easy to join.
See below on how you can make a difference.

 

 

 

Continue reading →

Oct 11

Update on anti-TABOR lawsuit

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The federal lawsuit to repeal TABOR through the courts took an expected step recently.  The team bringing the lawsuit has been arguing that TABOR restricts legislators’ ability to act.  The lawsuit is now known as “Kerr vs. Polis”.  The first question, which our  side thought was settled by the US Supreme Court’s ruling on a similar Arizona case, is whether the lawsuit can be brought by the plaintiffs – that is, do those entities have “standing”?  The most recent argument, available at this link http://www.scribd.com/document/429794251/19-09-30-Appellants-Response-to-Governors-Pt-for-Rehearing-en-Banc is the plaintiffs’ written argument that the 10th Circuit should drop the issue of standing and allow the case to proceed directly.

A three-judge panel found that the amended list of plaintiffs could bring the lawsuit and therefore it could proceed on the merits.  The defenders of TABOR believe that this was an errant ruling and the dissenting justice was very direct, saying that the plaintiffs’ argument “…. is so meager as to constitute waiver. Moreover, their argument—insofar as I am able to piece it together—also fails on the merits.”  We hope that the entire 10th Circuit Court of Appeals will agree to hear the appeal again (“en banc”).  The Court of Appeals can be expected to accept or decline the Motion reasonably soon, according to a Colorado attorney familiar with the case.  The TABOR Foundation has been monitoring this situation in conjunction with the National Federation of Independent Business, with whom we partnered in previous amicus filings.

 

Aug 10

AG Weiser requests extension of deadline to defend TABOR; motion granted

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Please note that Sherrie Peif has issued an update to her story; the AG did request an extension of the appeal but his office had failed to respond to Sherrie’s repeated requests for information.
See her new story below.
 

AG Weiser requests extension of deadline to defend TABOR; motion granted

 By 

“The Attorney General has said he will defend the constitution and that’s what he will do,” Pacheco said by email Thursday morning.

Complete Colorado attempted to get hold of Weiser through Pacheco before the story published; however, Pacheco did not return phone calls or email requests until after the story published. Weiser was also aware prior to publication that Complete Colorado was attempting to get hold of him through a series of Tweets with Complete Colorado.

Regardless, Complete Colorado regrets the original error.

DENVER — Although he campaigned on a promise to defend the Taxpayer’s Bill of Rights (TABOR) despite his personal opinion of the nearly three decades old constitutional amendment, Colorado Attorney General Phil Weiser made his first move in the opposite direction by letting a deadline pass to argue an ongoing TABOR case in federal court.

Weiser had until Tuesday to ask that the entire circuit court hear the case after a 3-judge panel from the Tenth  Circuit Court of Appeals reversed a lower court’s ruling. The lower court had ruled that local governments do not have the right to sue.

Aug 08

AG Weiser fails to appeal TABOR decision in federal court

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Colorado Democrat Attorney General “Idiot” Phil Weiser lied to you. He said he would defend #TABOR.
Typical liberal modus operandi
Shame on any one who voted for this buffoon.

DENVER — Although he campaigned on a promise to defend the Taxpayer’s Bill of Rights (TABOR) despite his personal opinion of the nearly three decades old constitutional amendment, Colorado Attorney General Phil Weiser made his first move in the opposite direction by letting a deadline pass to argue an ongoing TABOR case in federal court.

Weiser had until Tuesday to ask that the entire circuit court hear the case after a 3-judge panel from the Tenth  Circuit Court of Appeals reversed a lower court’s ruling. The lower court had ruled that local governments do not have the right to sue.

“It’s disappointing that AG Weiser is not fully following through on his campaign promises,” said Michael Fields, Executive Director of Colorado Rising Action. “The rubber will hit the road when the merits of the TABOR case are heard, and he actually has to defend the constitution.”

Fields added that everyone should be concerned that Weiser chose not to defend the state’s constitution knowing he is not a TABOR supporter.

Jul 29

Colorado’s Attorney General Candidates Weigh in on Six Key Issues

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This is from September, 2018.
Now to find out if AG Weiser is a man of his word or did he lie to Colorado?
 
On TABOR:
Weiser says: “You have a job to be a leader, to work with people to solve problems, and to suggest how the law can be improved. With respect to TABOR, there is a clear need to improve.”
 
The takeaway:
Like Brauchler, Weiser will defend the law.
But if the Colorado General Assembly or governor wants to (legally) work around TABOR or fight to repeal it, he’d probably be OK with that.