Kerr v. Hickenlooper

Amicus Brief of Colorado Legislators and CUT Foundation

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Members of the Colorado Legislature and the Colorado Union of Taxpayers Foundation (“CUT”) respectfully submit this amicus curiae brief in support of Appellant, urging reversal.

The legislators filing this amicus brief are members of the Colorado General Assembly who object to the assault on the Colorado Constitution being perpetrated by Plaintiffs in this action. As members of the General Assembly, they dispute that the Taxpayer’s Bill of Rights (“TABOR”) has hampered their ability to govern the State or otherwise interfered with their ability to adequately represent their constituents. On the contrary, these legislators understand TABOR to be an important feature of constitutional government in Colorado, which helps to ensure that the General Assembly governs responsibly and adheres to its duty to protect the rights of all Coloradans.

CUT is a nonprofit, public-interest, membership organization with its principal place of business in Denver, Colorado. CUT was formed to educate the public as to the dangers of excessive taxation, regulation, and government spending. Among the specific goals of CUT is to protect citizens’ rights to petition government. CUT members spent considerable time and money generating support for the passage of TABOR. CUT is also dedicated to enforcing TABOR, as evidenced by its lawsuit challenging the City of Aspen’s grocery bag tax in Colorado state court. Colorado Union of Taxpayers Foundation v. City of Aspen, No. 12CV224 (Colo. Dist. Ct., filed Aug. 21, 2012). CUT represents the interests of taxpayers, who face higher taxes and larger government if TABOR falls. A judicial determination in favor of Plaintiffs would directly conflict with the efforts of CUT and its members by wiping TABOR off the books, and with it years of dedicated advocacy and education efforts. Accordingly, Amici Curiae respectfully submit this brief in support of Appellant, urging reversal.

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Published In: Constitutional Law Updates

Reference Info:Appellate Brief | Federal, 10th Circuit, Colorado | United States