U.S. appeals court hears TABOR case
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.
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.
The U.S. Supreme Court in June vacated an earlier ruling that green-lighted the lawsuit, sending it back to the appellate court to re-examine in light of a ruling on a related Arizona case on redistricting.
In a 20-minute argument, Colorado Solicitor General Fred Yarger asked the appellate judges to dismiss the case on its merits.
Yarger also highlighted the fact that the entire legislature is not united behind the lawsuit.
“You need a majority in this case to sue,” he asserted.
David Skaggs, the attorney representing the lawmakers argued the number of lawmakers supporting the lawsuit makes no difference. He asked the court to reaffirm its earlier decision and allow the case to proceed in the lower courts.
The panel of three appellate judges peppered the attorneys with questions and appeared uncertain about how to proceed given the Supreme Court’s lack of guidance on the issue.
The Arizona ruling, split 5-4, found that voters had the power to create an independent commission to draw political boundaries as part of redistricting. Arizona lawmakers asserted that only the state legislature had the power to draw political maps.
A ruling in the TABOR case is expected in coming months. But even then, it will do little to resolve the case — first filed in 2011. The ruling is likely to face another appeal to the Supreme Court before either side gets the opportunity to argue the constitutional merits of TABOR.