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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Feb 04

Colorado taxpayers will be asked for more…

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Colorado taxpayers will be asked for more…

As tax season is upon us, there are several considerations worth examining about how Colorado is doing. Colorado, like most states, faces fiscal challenges arising from COVID and the lockdowns. Colorado has one of the most expensive states for real estate and the recent Gallagher vote could result in higher residential property tax burdens for Coloradans in the years to come. The Colorado state pension system (PERA) has one of the worst funding ratios in the nation, suggesting PERA funding shortfalls will present problems for Colorado taxpayers and PERA beneficiaries in the years to come. Further, a low funding ratio could result in credit rating downgrades leading to higher borrowing costs for the state. Colorado has about 25% of the population on Medicaid. This could present significant challenges for the Colorado taxpayers in years to come. There will be calls for more taxes and fees to meet the desires of the Colorado legislature.

Here are several sites for referencing how Colorado fiscally compares to the nation.

 

 

 

 

 

 

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):

Jan 23

Coalition Voices Opposition to Gas “Fee”

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“The message politicians are sending to every Coloradan who voted to support TABOR, strengthen taxpayer protections, and oppose tax increases is they don’t care what you say, no matter how often you say it.” – Jesse Mallory AFP-CO State Director

Coalition Voices Opposition to Gas “Fee”

JAN 22, 2021 BY AFPAmericans for Prosperity-Colorado, Colorado Rising State Action, The Independence Institute, The Centennial Institute, and the Colorado Union of Taxpayers (CUT) all oppose the proposed plan.

DENVER, Colo. – Within months of voters passing increased taxpayer protections with Proposition 117, legislators are signaling they plan to ignore the will of the voters with a proposal to add “fees” on gasoline purchases. A coalition including Americans for Prosperity-Colorado, Colorado Rising State Action, The Independence Institute, The Centennial Institute, and the Colorado Union of Taxpayers (CUT) came out strongly against this proposal and called on legislators to respect the will of the voters.

Jesse Mallory, State Director, Americans for Prosperity-Colorado:

“The message politicians are sending to every Coloradan who voted to support TABOR, strengthen taxpayer protections, and oppose tax increases is they don’t care what you say, no matter how often you say it. Lawmakers must respect the will of the people and bring these proposals to a vote.”

Michael Fields, Executive Director of Colorado Rising State Action:

“Voters have made it crystal clear that they want to vote on tax and fee increases. Any plan to add significant revenue should include asking voters.”

Jeff Hunt, Director of the Centennial Institute:

“Colorado has some of the worst roads and traffic congestion in the country. Improving our roads is a priority that must be addressed. But forcing hardworking Coloradans to pay for this with additional gas fees in the midst of a pandemic and a struggling economy is the wrong way to go. The Colorado legislature is asking the average Coloradans to pay more just to go to work, go to the grocery store, or pick up their kids from school. The Colorado legislature has the money to spend on improving roads and needs to reprioritize roads over liberal special projects.”

Jon Caldara, President of the Independence Institute:

“Raising the gas tax without a vote of the people by calling it a fee will definitely give Coloradans gas. If it’s a good idea, bring it to the people!”

You can see this story along with others like it by clicking (HERE):
Jan 19

Taxation Wisdom From The Ages

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Taxation wisdom from the ages

  • Taxation without representation is tyranny.”…Founding Father James Otis
  • “The collection of taxes which are not absolutely required, which do not beyond reasonable doubt contribute to the public welfare, is only a species of legalized larceny.”…President Calvin Coolidge
  • “I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents”… President James Madison
  • “There is no art which one government sooner learns of another than that of draining money from the pockets of the people.”…Economist Adam Smith
  • “Congress can raise taxes because it can persuade a sizable fraction of the populace that somebody else will pay.”…Economist Milton Friedman
  • “One thing is clear: The Founding Fathers never intended a nation where citizens would pay nearly half of everything they earn to the government.”…Representative Ron Paul

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Dec 30

Caldara: Putting your money where your causes are

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 By Jon Caldara

Americans give more of their hard-earned money to charitable causes than any people on the globe.

According to the Giving Institute, Americans give more than $1 billion a day to charities: a total of $410 billion in 2017.

And very little comes from the ultra-wealthy, big foundations, or large companies looking for good press. According to the Philanthropy Roundtable, in 2014 only 14% came from foundation grants, and just 5% from corporations. The rest, 81%, came from individuals like you.

Per capita, we voluntarily donate about seven times as much as continental Europeans. In Europe people see little reason to give more of their own money when so much is being forcibly taken by taxes and redistributed by the state for “what charity used to do.”

To continue reading this story with Jon mentioning The TABOR Foundation, 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

 

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