Lawsuit challenges constitutionality of Colorado’s TABOR amendment
Ryan Summerlin May 23, 2011
In a case that could affect citizen initiatives nationally, a bipartisan group of current and former state legislators and local officials is expected to file a lawsuit today in federal court challenging the constitutionality of Colorado’s Taxpayer’s Bill of Rights.
The suit alleges that TABOR, which prohibits the legislature from raising taxes without a vote of the people, limits the General Assembly’s power in violation of the U.S. Constitution guarantee that states have a “republican” government, in which the authority to govern is given to elected officials.
The plaintiffs argue in their legal petition that TABOR, which voters added to the state constitution in 1992, has caused “a slow, inexorable slide into fiscal dysfunction” in Colorado.
Attorney General John Suthers, a Republican whose office would be charged with defending TABOR, was out of the country and unavailable for comment last week.
Chief Deputy Attorney General Cynthia Coffman said that while she could not comment on a lawsuit that state attorneys had not yet reviewed, the attorney general’s office would “vigorously defend” TABOR in court.
Read more: Lawsuit challenges constitutionality of Colorado’s TABOR amendment – The Denver Post http://www.denverpost.com/legislature/ci_18118976#ixzz1NB4WIJXc