March 10, 2014 10:05 AM UTC

Federal Suit Challenging TABOR Lives Another Day

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• by: ohwilleke

(Promoted by Colorado Pols)

In the case of Kerr v. Hickenlooper, state legislators and others have sought to have Colorado's taxpayer's bill of rights (TABOR) declared unconstitutional because it deprives Colorado of a Republican form of government, under the federal constitutional guaranty clause and the act that authorized Colorado to become a state.

On Friday, the 10th Circuit Court of Appeals unanimously affirmed a decision of the U.S. District Court for the District of Colorado refusing to dismiss the lawsuit either on the ground that the Plaintiffs lacked standing to sue, or on the grounds that this was a "political question" beyond the jurisdiction of the courts to resolve.  An additional equal protection claim was dismissed by the trial court, but that dismissal was beyond the scope of the appeal decided with the permission of the trial court judge prior to a final ruling in the case.

As a result, the case will now go forward on the merits of whether or not TABOR deprives the citizens of the State of Colorado of a Republican form of government, unless an en banc panel of the 10th Circuit or the U.S. Supreme Court decide to stop the suit now (both of which are unlikely since this is not a final determination of the case of the merits).  Since the decision will now be on the merits of the case, the stakes are now much higher.  Realistically, however, this lawsuit is still a long shot that is unlikely to prevail.

The 10th Circuit ruling is available at: http://www.ca10.uscourts.gov/opinions/12/12-1445.pdf