Constitutional Challenge to TABOR in Colorado

As much as TABOR has been an unmitigated disaster in Colorado, I welcome the opportunity to work again as an expert with the Office of the Colorado Attorney General, opposing the fruitless legal challenge (Kerr v. State of Colorado) to the constitutionality of the 1992 anti-tax ballot initiative.  In its unanimous 1912 decision, Pacific States Telephone & Telegraph Co. v. Oregon, the SCOTUS wisely held that a Guaranty Clause challenge to the mechanisms of direct democracy posed a nonjusticiable “political question.” Direct democracy–with its faux populism as much as its “educative effects“–is here to stay, despite the century-long efforts of elected officials to condemn the process.