Unfortunately, although the lawsuit is lacking in legal merit, and constitutional case law precedent (including two relevant Supreme Court of the United States [SCOTUS] decisions) has repeatedly ruled that the “Republican form of government” language in the Constitution’s “Guarantee Clause”
(United States Constitution, Article IV, Section 4 - “The United States shall guarantee to every State in this Union a Republican Form of Government“)
is non-justiciable (meaning, not subject to determination by the courts), and constitutional constraints on government are, by definition, constitutionally allowed - now that the lawsuit is proceeding to trial, it will cost Colorado taxpayers hundreds of thousands in legal fees and costs, and will almost certainly ultimately end up before the United States Supreme Court since overturning a state constitutional amendment by judicial fiat would have immense implications for the citizens’ initiative process and the right of the people to limit government power by constitutional limits nationwide.
If “We The People” cannot set constitutional limits on government power, then the very founding principles of this nation - indeed, the foundations of Liberty itself - are at risk.
Um, Jen Raiffie -
did you not get that Chet Hardin was de-bunking the attacks on Looper, not promoting them?
Hardly a "hatchet job" - but actually good journalism.
(I know - it's such a rarity that it's hard to recognize when it occurs).
The Colorado Supreme Court's decision is simply stunning.
Given the constitutional deficiencies remaining in the Colorado Reapportionment Commission's re-submitted maps, the procedural travesty by which the maps were adopted, and the availability of a more constitutionally-consistent set of maps submitted as part of the 'Minority Report' appeal (which the majority commissioners had attempted to suppress), rejection of the commission's maps - particularly given the court's rejection of the commission's previous set - appeared to be the only outcome consistent with constitutional and statutory criteria.
It will be interesting to analyze the reasoning by which a majority on the Colorado Supreme Court reached the conclusion that these maps were constitutionally valid once the court issues its full written opinion....
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