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

[Derek Muller]

Sorry, here's a Scribd link to the opinion:
http://www.scribd.com/doc/102358353/Kerr-v-Hickenlooper

On Wed, Aug 8, 2012 at 7:44 AM, Derek Muller <derek.muller at gmail.com> wrote:

> 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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