The ruling by the three-judge panel means the state still has a chance to derail the lawsuit, Kerr v. Hickenlooper, before it can head to trial.

The suit, filed by 33 plaintiffs who are mostly Democrats, argues that by taking away lawmakers’ ability to tax, TABOR violates the U.S. Constitution’s guarantee that every state have a republican form of government, or one where elected officials govern rather than the citizens themselves.

In July, U.S. District Judge William J. Martínez ruled the suit could go forward to trial, denying the state’s motion to dismiss and rejecting its argument that the issues in the case are “non-justiciable” political questions that can’t be decided by the courts. If the appeals court upholds Martínez’s ruling, the case would likely to proceed to trial.

Tim Hoover: 303-954-1626,thoover@denverpost.comortwitter.com/timhoover