10th Circuit panel considers TABOR challenge

By: Associated Press Email
By: Associated Press Email

DENVER (AP) The federal appeals court in Denver is considering whether a lawsuit challenging the constitutionality of Colorado's strict tax and spending limits should move ahead.

A panel heard arguments Monday both on whether current and former lawmakers have the legal ability to challenge the Taxpayer's Bill of Rights and whether the courts should get involved at all.

The lawmakers say that by taking the power to raise taxes from the state's elected representatives, TABOR has denied Colorado the republican form of government guaranteed to the states in the U.S. Constitution.

Colorado Solicitor General Daniel Domenico told the judges that lawmakers still have the ability to ask voters to approve a tax increase if they think one is needed.

A ruling isn't expected for several months.

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