Denver District Court Judge Sheila Rappaport completely upended school finance in Colorado by ruling the current K-12 financing system is unconstitutional. Both her analysis and the outcome reflect a robust judicial activism.
It appears that U.S. District Judge William Martinez is, at a minimum, sympathetic to providing a forum for arguments that may overturn the 1992 ballot initiative TABOR on tax limitations. In essence, deciding that, although voters may pass tax limitation initiatives, ultimately legislators hold the tax power as a part of a Republican form of government.
These two Colorado judges have more power over the state’s finances than all other elected officials and the voters themselves.
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