Federal court hears arguments in ongoing TABOR lawsuit

A question of standing

By John Frank
The Denver Post

POSTED:   01/21/2016 11:03:15 AM MST

The 10th U.S. Circuit Court of Appeals in Denver heard oral arguments Thursday on a key question in the long-running legal battle against Colorado’s Taxpayer’s Bill of Rights.

A three-judge panel must decide, once again, whether a coalition of TABOR critics — led by state Sen. Andy Kerr and House Speaker Dickey Lee Hullinghorst — has standing to challenge the merits of the much-contested constitutional provision approved by voters in 1992. The case is Kerr v. Hickenlooper.

TABOR requires that voters approve all tax hikes — which the lawmakers argue infringes on their power and undermines the state’s republican form of government.

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