The Colorado tax law TABOR has been the subject of challenges since its passage by Colorado voters. But on Tuesday the U.S. Supreme Court sent the fight back to the 10th U.S. Circuit Court of Appeals in Denver.
Opponents for years have tried to dismantle TABOR, arguing that the law unconstitutionally takes away taxing authority from the state legislature and local governments. Led by state Sen. Andy Kerr and House Speaker Dickey Lee Hullinghorst, they filed suit in 2011.
But other Colorado officials, including Gov. John Hickenlooper, have argued that TABOR’s opponents in the legislature do not have the right to take their fight to court, that the group lacks standing.
The ultimate fate of the law is far from clear, the 10th Circuit sided last year with the TABOR opponents. This prompted Colorado officials to ask the Supreme Court to give its opinion on whether the case had standing.
In a brief two-sentence order issued Tuesday, the Supreme Court vacated the decision by the 10th Circuit and asked the lower court to re-examine the TABOR case “for further consideration in light” of a ruling Monday by the Supreme Court in a related Arizona case.
The justices in the Arizona case, which dealt with redistricting, found the Arizona legislature had standing to bring a lawsuit. TABOR opponents took that as a good sign their case ultimately would not be dismissed.
But TABOR supporters said the Colorado and Arizona cases are separated by key differences. The TABOR challenge includes only a handful of state legislators — as opposed to the full power of the legislature in Arizona. And, perhaps more critical to the challenge, is TABOR’s requirement to put tax hikes before voters violates the constitution by transforming Colorado from a republican form of government into a direct democracy.
The SCOTUS historically has been reluctant to wade into these kinds of debates, but a footnote in the Arizona case seemed split on the idea.
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