[EL] Colorado Federal District Court finds that Guarantee Clause is not per se non-justiciable

[Derek Muller]

Dear all,

Rick had a post earlier this year about Colorado's battle over its
Taxpayer's Bill of Rights (TABOR) here: http://electionlawblog.org/?p=28916

Last week, a federal judge, in handling a motion to dismiss, found, among
other things, that the Guarantee Clause is not *per se *non-justiciable:
http://www.denverpost.com/breakingnews/ci_21191886/federal-judge-allows-legal-challenge-tabor-go-forwardHe
went on to conclude that political question doctrine did not preclude
handling this case.

There are a number of interesting things about the opinion of broader
jurisdictional and justiciability interest, but I thought I'd flag the
opinion (as I hadn't seen it elsewhere--apologies if it had already been
shared).

Best,

Derek

Derek T. Muller

Associate Professor of Law

Pepperdine University School of Law

24255 Pacific Coast Hwy.

Malibu, CA 90263

+1 310-506-7058

SSRN Author Page: http://ssrn.com/author=464341
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