CO State Judicial Activism

This post strays into political activism but it is grounded in political philosophy, specifically the role of the judicial system. The state supreme courts are responsible for ensuring that the constitution of the state is upheld and the rights of its citizens are protected. This post documents and egregious setup of the violation of the rights of Colorado citizens as protected by the TABOR amendment to the Colorado constitution.

Lower courts, protecting TABOR, ruled that school districts and parents could not sue the state to increase educational funding, the Colorado Supreme Court today overturned the lower courts and granted standing to sue (Lobato v. State of Colorado).

The justices participating in the majority opinion have displayed extreme arrogance. What makes them more qualified than the state legislature and the citizenry to determine what is an adequate level of educational funding? What gives them the right to open the door for the violation of the state constitution? This is clear judicial activism targeting the destruction of Colorado's TABOR constitutional amendment. TABOR limits Colorado state and local governments from increasing spending faster than inflation plus population growth without voter approval. TABOR requires all taxes to be approved by voters. TABOR has kept Colorado's governmental budgets sound. The socialists and progressives of Colorado have been working for years to overturn TABOR, bit-by-bit, as it inhibits their ability to tax and spend.

The following justices voted for the majority opinion and should be turned out of office at the next opportunity:

• Justice Michael L. Bender (Subject to retention vote in November 2010)
• Chief Justice Mary Mullarkey (Subject to retention vote in November 2010)
• Justice Gregory J. Hobbs
• Justice Alex J. Martinez (Subject to retention vote in November 2010)

Although Justice Nancy Rice dissented in this case, she is identified as a judicial activist by Clear the Bench Colorado and is subject to retention vote in November 2010. Personally, I will need to research and consider her track record more thoroughly before deciding how I will vote on her retention come November 2010. It is clear to me that she is not in the same class as the 4 justices listed above. It is clear that if Governor Ritter wins re-election, he could easily appoint someone worse than Justice Rice. This will be a decision that will be made late in the election cycle for me. Please review her record and make your own decision (as with the other 4 listed above).

The ruling and opinion can be read here.