Amendment 41 ruled unconstitutional?

6 thoughts on “Amendment 41 ruled unconstitutional?”

1. and click through to a full text of the ruling.

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4. Technically, the court issued only a preliminary injunction against enforcement of these provisions because the plaintiffs established that they were likely to prove, as the case progresses, that these provisions are unconstitutonal.  The court didn’t actually rule yet that these provisions are unconstitutonal.

   But this preliminary injunction is appealable right now.  Presumably the AG will ask the surpeme court to jump in immediately, without wasting time for a court of appeals’ ruling that could be later appealed to the supreme court.  A direct appeal of the preliminary injunctionto the state supreme court was what happened in the Amend. 2 litigation.

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5.   Despite that I’m frequently critical of an unaccountable judiciary, I’ve listened to and briefly met with Judge Habas at the ABA TechShow 2006 & 2007 in Chicago (`though I haven’t appeared before her in Denver court).  She’s professional, astute and tech-savvy (by lawyer’s standards).  Somehow, in her discussions about technology in the courtroom, she manages to squeeze in (“pontificate,” if you will) about her faith in the forgotten merit of “the adversarial system” and how it was intended to work. I certainly agree with her and, I think, it seems clear that she applied that ethic in the Amendment 41 ruling.
     Her ruling on the Amendment 41 issue was, as you read for yourself, thoughtful and reasoned.  `Though I have only anecdotal experience to substantiate my opinion upon, I’m inclined to believe that she gives at least similar consideration to many of her cases, including those that aren’t in the media spotlight.

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