Lawsuit challenges constitutionality of TABOR

Filed under: Daily News |

A bipartisan group of current and former state legislators and community leaders  plans to file a lawsuit today in federal court challenging the constitutionality of Colorado’s Taxpayer’s Bill of Rights, TABOR.

The suit alleges that TABOR violates the U.S. Constitution’s guarantee that states have a representative  government, in which the authority to govern is given to elected officials.

Colorado Springs members from the group filing the lawsuit include, Mike Merrifield, a Democrat; John Morse, a Democrat; and Marcy Morrison, a Republican.

Attorney General John Suthers, a Republican whose office would be charged with defending TABOR, was  unavailable for comment, but a spokesperson from his office said the attorney general would vigorously defend TABOR.

One Response to Lawsuit challenges constitutionality of TABOR

  1. TABOR is not unconstitutional. If it were, why wouldn’t Amendment 23 (voter approved measure that requires increased spending for public schools every year also be unconstitutional?)
    Thirty three % of these signers are educators?
    The people in the Colorado State Legislature complaining are those who refuse to cut spending. Others are for cutting spending and willing to work toward that goal.
    The name of the game is TAXATION WITHOUT REPRESENTATION. Maybe they haven’t read American history?
    Their agenda is clear, they want to increase taxes with absolutely no checks and balances from the people of the state and they admit it. The second and third sentences of the suit names TABOR, and labels it a legislative “straightjacket.” The suit reads, “When the power to tax is denied, the Legislature cannot function effectively to fulfill its obligations.”
    The power to TAX is not denied, it just has to be approved by the voters of Colorado.

    Bob Sliwinski
    May 25, 2011 at 12:30 am