Kerr v. Hickenlooper

Amicus Brief of Colorado Legislators and CUT Foundation


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.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

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

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jim Manley | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.