Colorado Gun Tax
Colorado Supreme Court hears arguments in CU Gun Ban case; are Coloradans’ gun rights in the crosshairs?
“No man’s life, liberty, property, or constitutional rights are safe while the Colorado Supreme Court is in session.” (again, with apologies to Mark Twain)
Clear The Bench Colorado has publicized the threat posed by the Colorado Supreme Court to our constitutional right to keep and bear arms in Colorado for some time (including an attempted exploitation of a court ruling to impose what amounts to an unconstitutional poll tax on gun sales and permits, the ban on responsible and licensed concealed-carry by the CU Board of Regents and an abortive CSU campus ban on concealed carry, along with debates and developments in both cases). After the CU Board of Regents voted to appeal the Colorado Court of Appeals ruling which in April struck down the CU ban on licensed permit-holders carrying firearms on campus (Court tosses CU gun ban), we warned Coloradans that another attack on our constitutional and statutory rights was coming.
The threat materialized in October 2010 when the Colorado Supreme Court granted certiorari (agreed to hear) the CU Board of Regents appeal of last April’s Colorado Court of Appeals ruling (which upheld state law and the rights of Colorado citizens against CU’s assertion of a right to ban licensed concealed carry in any area “governed” by the Board, including areas open to the public).
On Wednesday (8 June 2011), the Colorado Supreme Court heard oral arguments from attorneys representing CU (on one side) and various individual citizens and other interested parties on the other. The arguments lasted for one hour, and can be heard in their entirety via this link (audio recording, Regents v. Concealed Carry 10SC344).
The attorney for the CU Board of Regents argued that the CU Board has “constitutional authority” to “enact legislation governing the campus” – essentially, putting the CU Board of Regents “above the law” of the state of Colorado. The attorney cited some past rulings by the Colorado Supreme Court which had established some legal precedent for this view.
However, as the Colorado Court of Appeals had previously noted in its April 2010 ruling, the CU gun ban policy violates “the clear letter and intent of the statute authorizing statewide standards and universal application for concealed-carry permits:”
18-12-214. Authority granted by permit – carrying restrictions.
(1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section.
The Colorado Court of Appeals could not have been more clear in upholding that view, and went further in upholding the constitutional right of Colorado citizens to bear arms in self-defense:
Because the statute expressly applies to “all areas of the state,” we conclude that plaintiffs have stated a claim for relief under the CCA. We further conclude that plaintiffs have stated a claim for relief under Colorado Constitution article II, section 13, which affords individuals the right to bear arms in self-defense.
The law – both constitutional and statutory – is clearly on the side of the plaintiffs, wishing to exercise their legal right to responsibly carry concealed weapons after undergoing an extensive background check, practical and legal training, and acquiring a permit for that purpose. The Concealed Carry Act applies to “all areas of the state,” except as specifically limited by the Act. The Regents lobbied to be included in the list of exceptions, but the legislature refused. The CU Board is now asking the Colorado Supreme Court to re-write the law to include the exception the Regents sought, but didn’t receive, when the legislation was passed.
Of course, it wouldn’t be the first time that the Colorado Supreme Court has legislated from the bench. The fact that the Colorado Supreme Court even agreed to hear the CU Regents appeal of a very clear and well-grounded ruling by the Colorado Court of Appeals does not bode well for the preservation of another set of Coloradans’ constitutional rights.
There is a great deal more at stake than the relatively narrow issue of whether responsible adults can be denied the exercise of their rights (licensed concealed-carry pursuant to state law) – as if that wasn’t important enough. In hearing the case, the Colorado Supreme Court will also rule on whether state law, as a matter of principle and precedent, can be ignored by certain quasi-governmental entities (such as the CU Board of Regents). Most importantly, the Colorado Supreme Court will rule on the standard of review for laws regulating the right to bear arms (or any constitutional rights) in Colorado.
The Colorado Court of Appeals held (correctly, in my view and the view of most legal scholars) that the standard of review for assessing the law, and CU’s attempt to ignore state law via an illegal gun ban (and for reviewing any law regulating any constitutional right) is the ”reasonable exercise” standard (in other words, is the law a “reasonable exercise” of the government’s authority to restrict a constitutional right). The CU Regents argue (and the Colorado Supreme Court’s Mullarkey Majority has in the past agreed, on other issues) that the standard for legal review should be the ”rational basis” standard of review (which gives virtually unlimited deference, and leeway, to the ability of government to pass laws restricting the individual exercise of fundamental constitutional rights). Adoption of that standard in this case would set a very dangerous precedent, and would effectively nullify the Colorado Constitution’s recognition of an individual’s right to keep and bear arms.
This case – and so many others of this nature – isn’t about guns; it’s about freedoms. Allowing the government to pass laws further restricting our rights (or allowing courts to unilaterally impose new laws or restrictions by re-writing or interpreting our rights out of existence) runs counter to the very foundations and ideals of this country.
Our Constitution is the Citizens’ rulebook for government – restricting the powers and authority of government to rule our lives. It is what distinguishes us as Americans from the historical example of every other nation on earth: we are Citizens, not subjects.
Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts. We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.
However, we can’t do it alone – we need your continued support; via your comments (Sound Off!) and, yes, your contributions. Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.
Ultimately, though – it’s worth the effort.
Colorado Supreme Court takes aim at gun rights, agrees to take CU Gun Ban case
“No man’s life, liberty, property, or constitutional rights are safe while the Colorado Supreme Court is in session.” (With apologies to Mark Twain)
Clear The Bench Colorado has tracked the threat posed by the Colorado Supreme Court to our constitutional right to keep and bear arms in Colorado for some time (including attempts to levy what amounts to an unconstitutional poll tax on firearms sales and permits, the CU Regents ban on responsible and licensed concealed-carry and the more recent attempted CSU campus ban on concealed carry, along with debates and recent developments in both cases). After the CU Board of Regents voted to appeal the ruling by the Colorado Court of Appeals which in April struck down the University of Colorado ban on licensed permit-holders carrying firearms on campus (Court tosses CU gun ban), we warned Coloradans that another attack on our constitutional and statutory rights was coming.
On Monday, the opening salvo of that attack arrived, as the Colorado Supreme Court agreed to consider the CU Regents appeal of last April’s ruling by the Colorado Court of Appeals (which upheld state law and the rights of Colorado citizens against CU’s illegal concealed carry ban covering all campus areas).
The CU Board of Regents legal brief to the Colorado Supreme Court is due in approximately 40 days; the brief of the respondents (SCCC, represented by the Mountain States Legal Foundation) along with any amicus curiae (“friend of court”) briefs are due 30 days after that.
The composition of the court (and thus, the likelihood of the law being followed in ruling on this case) may experience a change as a result of the intervening elections…
As Clear The Bench Colorado noted at the time, the Court of Appeals ruling was both legally sound and clear in its rejection of the CU Board’s assertion of extra-constitutional authority:
The Colorado Court of Appeals ruled Thursday that the University of Colorado has no authority to bar students or visitors from lawfully carrying guns on campus. [Ed. emphasis added]
Note that the CU Board of Regents is asserting its authority to ban licensed concealed carry not just by students, but by ANY responsible adult who has undergone the background checks and training (and mounds of paperwork) to apply for and receive a license to carry concealed – on ANY CU property.
The Colorado Court of Appeals ruling in the case highlights the critical importance of judges who rule in accordance with the law (especially the Constitution, which exists to protect the rights of individuals and limit the power of government) and underlines the fact that Colorado does have many such judges at various levels (including Judge Christine Habas, who ruled – correctly – that the Mill Levy Tax Freeze” was unconstitutional before being overturned by the Mullarkey Majority). Unfortunately, we just don’t have enough of them (good judges, that is) on the Colorado Supreme Court.
The Colorado Court of Appeals ruling in the case also substantiated our assertion that the CU and CSU bans violate “the clear letter and intent of the statute authorizing statewide standards and universal application for concealed-carry permits”
18-12-214. Authority granted by permit – carrying restrictions.
(1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section.
The Colorado Court of Appeals could not have been more clear in upholding that view, and went further in upholding the constitutional right of Colorado citizens to bear arms in self-defense:
Because the statute expressly applies to “all areas of the state,” we conclude that plaintiffs have stated a claim for relief under the CCA. We further conclude that plaintiffs have stated a claim for relief under Colorado Constitution article II, section 13, which affords individuals the right to bear arms in self-defense.
The Colorado Supreme Court decision to hear the CU Regents appeal of this ruling puts another set of Coloradans’ constitutional rights at risk.
There is a great deal more at stake than the relatively narrow issue of whether responsible adults can be denied the exercise of their rights (licensed concealed-carry pursuant to state law) – as if that wasn’t important enough. In hearing the case, the Colorado Supreme Court will also rule on whether state law, as a matter of principle and precedent, can be ignored by certain quasi-governmental entities (such as the CU Board of Regents). Most importantly, the Colorado Supreme Court will rule on the standard of review for laws regulating the right to bear arms (or any constitutional rights) in Colorado.
The Colorado Court of Appeals held (correctly, in my view and the view of most legal scholars) that the standard of review for assessing the law, and CU’s attempt to ignore state law via an illegal gun ban (and for reviewing any law regulating any constitutional right) is the ”reasonable exercise” standard (in other words, is the law a “reasonable exercise” of the government’s authority to restrict a constitutional right). The CU Regents argue (and the Colorado Supreme Court’s Mullarkey Majority has in the past agreed) that the standard for legal review should be the ”rational basis” standard of review (which gives virtually unlimited deference, and leeway, to the ability of government to pass laws restricting the ability of individuals to exercise their constitutional rights). Adoption of that standard in this case would set a very dangerous precedent, and would effectively nullify the Colorado Constitution’s recognition of an individual’s right to keep and bear arms.
This case – and so many others of this nature – isn’t about guns; it’s about freedoms. Allowing the government to pass laws further restricting our rights (or allowing courts to unilaterally impose new laws or restrictions by re-writing or interpreting our rights out of existence) runs counter to the very foundations and ideals of this country.
Our Constitution is the Citizens’ rulebook for government – restricting the powers and authority of government to rule our lives. It is what distinguishes us as Americans from the historical example of every other nation on earth: we are Citizens, not subjects.
Our courts – sworn to uphold our Constitution and act as protectors of our constitutional rights – must occasionally be reminded of that fact.
Stick to your guns – Defend YOUR constitutional and statutory rights, and exercise YOUR right to vote “NO” on retaining the 4 (er, 3 remaining) ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right of self-defense, your right to vote on tax increases, your right to defend your home or business from government abuse of eminent domain powers, and your right to enjoy the benefits of the rule of law, not rule by activist, agenda-driven “justices.”
Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote in November 2010 to keep these unjust justices from returning for another 10-year term!
CU Board of Regents votes to violate law, student and citizen rights in appealing gun ban reversal to Colorado Supreme Court
Clear The Bench Colorado has tracked the threat posed by the Colorado Supreme Court to our constitutional right to keep and bear arms in Colorado for some time (including attempts to levy what amounts to an unconstitutional poll tax on firearms sales and permits, and of course the CU Regents ban on responsible and licensed concealed-carry and the more recent CSU campus ban on concealed carry, along with debates and recent developments in both cases). Today, in another momentous development in Colorado Politics, the CU Board of Regents voted to appeal the ruling by the Colorado Court of Appeals which in April struck down the University of Colorado ban on licensed permit-holders carrying firearms on campus (Court tosses CU gun ban).
As Clear The Bench Colorado noted at the time, the Court of Appeals ruling was both legally sound and clear in its rejection of the CU Board’s assertion of extra-constitutional authority:
The Colorado Court of Appeals ruled Thursday that the University of Colorado has no authority to bar students or visitors from lawfully carrying guns on campus.
The Colorado Court of Appeals ruling in the case highlights the critical importance of judges who rule in accordance with the law (especially the Constitution, which exists to protect the rights of individuals and limit the power of government) and underlines the fact that Colorado does have many such judges at various levels (including Judge Christine Habas, who ruled – correctly – that the Mill Levy Tax Freeze” was unconstitutional before being overturned by the Mullarkey Majority). Unfortunately, we just don’t have enough of them on the Colorado Supreme Court.
The Colorado Court of Appeals ruling in the case also substantiated our assertion that the CU and CSU bans violate “the clear letter and intent of the statute authorizing statewide standards and universal application for concealed-carry permits”
18-12-214. Authority granted by permit – carrying restrictions.
(1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section.
The Colorado Court of Appeals could not have been more clear in upholding that view, and went further in upholding the constitutional right of Colorado citizens to bear arms in self-defense:
Because the statute expressly applies to “all areas of the state,” we conclude that plaintiffs have stated a claim for relief under the CCA. We further conclude that plaintiffs have stated a claim for relief under Colorado Constitution article II, section 13, which affords individuals the right to bear arms in self-defense.
The lawlessness of the CU Board members voting with the majority – voting to violate the clear letter of the law, and voting to violate the legal rights of its students along with the rights of any citizens who might find themselves within the (open to the public) campus area – is betting on a similar lawlessness on the Colorado Supreme Court, which has consistently demonstrated a contempt for the clear letter of the Colorado Constitution and for the rule of law, generally. The case serves as a powerful reminder that our constitutional and statutory rights are under constant threat of being “interpreted” out of existence by the current majority on the Colorado Supreme Court.
Stick to your guns – Defend YOUR constitutional and statutory rights, and exercise YOUR right to vote “NO” on retaining the 4 (er, 3 remaining) ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right of self-defense, your right to vote on tax increases, your right to defend your home or business from government abuse of eminent domain powers, and your right to enjoy the benefits of the rule of law, not rule by activist, agenda-driven “justices.” Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote in November 2010 to keep these unjust justices from returning for another 10-year term!
Unconstitutional College Campus Gun Bans in retreat – CSU rescinds ban after CU loses case, but counterattack may still push back to Colorado Supreme Court
Clear The Bench Colorado has tracked the threat posed by the Colorado Supreme Court to our constitutional right to keep and bear arms in Colorado for some time (including attempts to levy what amounts to an unconstitutional poll tax on firearms sales and permits, and of course the CU Regents ban on responsible and licensed concealed-carry and the more recent CSU campus ban on concealed carry, along with debates and recent developments in both cases). Today, in another stunning development in Colorado Politics and another great victory for individual rights and the rule of law, the CSU Board of Governors rescinded the (illegal) ban on licensed concealed firearms carry on campus (finally complying with state law).
As the CSU spokesperson explained, the Governing Board really had no choice, in light of the recent Court of Appeals ruling in Students for Concealed Carry on Campus v. Regents of the University of Colorado. There, the unanimous three-judge panel ruled that Colorado’s Concealed Handgun Act, which is explicitly preemptive, had no implicit exception for state institutions of higher education. The University of Colorado has not yet announced whether it will petition the Colorado Supreme Court for certiorari in that case.
Although this may be the start of a new trend (a view taken in an editorial by the Colorado Springs Gazette, “College gun bans may start crumbling“) – and we would join them in applauding such a development – we must remember that our constitutional and statutory rights are under constant threat of being “interpreted” out of existence by the current majority on the Colorado Supreme Court, which has consistently demonstrated a contempt for the clear letter of the Colorado Constitution and for the rule of law, generally. This victory for individual rights remains just one legal challenge away from being set aside – and that challenge may yet be coming:
The CU Board of Regents has not rescinded its ban and may appeal the appellate court’s decision to the Colorado Supreme Court.
Stick to your guns – Defend YOUR Constitution, and exercise YOUR right to vote “NO” on retaining the four unjust justices of the Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right of self-defense, your right to vote on tax increases, your right to defend your home or business from government abuse of eminent domain powers, and your right to enjoy the benefits of the rule of law, not rule by activist, agenda-driven “justices.” Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote in November 2010 to keep these unjust justices from returning for another 10-year term!
CU Gun Ban overturned by Colorado Court of Appeals; next stop Colorado Supreme Court?
Clear The Bench Colorado has tracked the threat posed by the Colorado Supreme Court to our constitutional right to keep and bear arms in Colorado for some time (including attempts to levy what amounts to an unconstitutional poll tax on firearms sales and permits, and of course the CU Regents ban on responsible and licensed concealed-carry and the more recent CSU campus ban on concealed carry, along with debates and recent developments in both cases). In a stunning development in Colorado Politics and a great victory for individual rights and the rule of law, the Colorado Court of Appeals yesterday struck down the University of Colorado ban on licensed permit-holders carrying firearms on campus (Court tosses CU gun ban).
The Colorado Court of Appeals ruled Thursday that the University of Colorado has no authority to bar students or visitors from lawfully carrying guns on campus.
The Colorado Court of Appeals ruling in the case highlights the critical importance of judges who rule in accordance with the law (especially the Constitution, which exists to protect the rights of individuals and limit the power of government) and underlines the fact that Colorado does have many such judges at various levels (including Judge Christine Habas, who ruled – correctly – that the Mill Levy Tax Freeze” was unconstitutional before being overturned by the Mullarkey Majority). Unfortunately, we just don’t have enough of them on the Colorado Supreme Court.
The Colorado Court of Appeals ruling in the case substantiated our assertion that the CU and CSU bans violate “the clear letter and intent of the statute authorizing statewide standards and universal application for concealed-carry permits”
18-12-214. Authority granted by permit – carrying restrictions.
(1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section.
The Colorado Court of Appeals could not have been more clear in upholding that view, and went further in upholding the constitutional right of Colorado citizens to bear arms in self-defense:
Because the statute expressly applies to “all areas of the state,” we conclude that plaintiffs have stated a claim for relief under the CCA. We further conclude that plaintiffs have stated a claim for relief under Colorado Constitution article II, section 13, which affords individuals the right to bear arms in self-defense.
However, although the case represents a substantial victory for individual rights and the rule of law, it is just one battle; the war is far from over, as the Denver Post article points out:
After Thursday’s ruling, the lawsuit may go back to district court, or CU can appeal the decision to the Colorado Supreme Court. The university could also repeal the ban if it so chooses.
Ken McConnellogue, spokesman for the University of Colorado system, said school officials are weighing options. Regents will likely discuss the matter at a regularly scheduled board meeting next week.
CU is being urged by a “national anti-gun group” to appeal the case, which may yet end up before a Colorado Supreme Court with a demonstrated track record of hostility to the constitutional rights of individuals in Colorado to bear arms in defense of themselves and others.
Stick to your guns – Defend YOUR Constitution, and exercise YOUR right to vote “NO” on retaining the four unjust justices of the Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right of self-defense, your right to vote on tax increases, your right to defend your home or business from government abuse of eminent domain powers, and your right to enjoy the benefits of the rule of law, not rule by activist, agenda-driven “justices.” Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote in November 2010 to keep these unjust justices from returning for another 10-year term!
Support Clear The Bench Colorado at your County Assembly!
Today many Colorado citizens of all political persuasions (at least those registered with a political party) have the opportunity to make their voices heard and influence their respective party’s choice of candidates in the elections, at their county assembly. The county assemblies are the first binding votes cast leading to selection of political candidates for the general elections, and we encourage everyone to take advantage of the opportunity, whatever your party affiliation.
The county assemblies ALSO present the opportunity for citizens to speak out on matters of policy, as well as politics – by voting on resolutions to gain support within the political parties and their membership.
Clear The Bench Colorado asks citizens attending the assemblies who care about our Constitution and upholding the rule of law - be they Republican, Libertarian, Green Party, or Democrat (although it may take a bit more courage from members of the latter parties) to support the following resolution (which may vary slightly in wording) at your county assembly:
Whereas, the rule of law must be upheld by judges who respect the Constitution and act to interpret laws as written, rather than make them by legislating from the bench and overriding the will of the people -
Be it Resolved that We The People strongly advocate a “NO” vote on the retention of Colorado Supreme Court Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey in the November 2010 elections, in order to restore accountability to the judiciary of Colorado.
Join Clear The Bench Colorado in returning “power to the people” – get active, get involved, raise your voice and help to restore accountability to the Colorado judiciary by exercising YOUR RIGHT to vote “NO” on the four unjust justices of the Colorado Supreme Court (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your rights: your right to vote on tax increases, your right to defend your home or business from seizure by government abuse of eminent domain power, and your right to enjoy the benefits of the rule of law, not rule by activist, agenda-driven “justices.” Help to Support Clear The Bench Colorado with your voice (Sound Off!), your contributions, and your “NO” vote to remove these unjust justices on election day this November!
Updates on the Unconstitutional College Campus Gun Bans – headed for a showdown at the Colorado Supreme Court?
Clear The Bench Colorado has previously noted that a recent decision by the CSU Board of Governors to deprive Concealed-Carry Weapons (CCW) permit-holders of their legal rights under Colorado statute on CSU campuses is virtually certain to be legally challenged and ultimately decided (as a matter of Colorado law, regulating concealed carry) by the Colorado Supreme Court.
Recent statements by Larimer County Sheriff Jim Alderden that he would refuse to prosecute any licensed permit-holder detained or sanctioned by University enforcement officers, because any such action would violate state law as well as his oath to uphold the Federal and state Constitution and Colorado statute, has drawn additional attention to the issue.
Sheriff Alderden recently appeared on the Independent Thinking television program to discuss the issue of “Guns on Campus” with host Jon Caldara and leftist Denver Post columnist Mike Littwin (the CSU Board refused to appear in defense of their policy decision, probably on the advise of legal counsel in order to avoid making self-incriminating statements).
In this segment (number 2 of 3 total), Sheriff Alderden reiterates the fact that the CSU gun ban violates state law:
(At approximately the 7 minute mark, Sheriff Alderden gets to the crux of the matter:
“The law says that if you have a Concealed Carry Permit, you CAN carry on campus… that’s what the statute says.”)
18-12-214. Authority granted by permit – carrying restrictions.
(1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section. … A local government does not have authority to adopt or enforce an ordinance or resolution that would conflict with any provision of this part. (emphasis added)
The ONLY hope for this clearly unconstitutional ban to withstand the inevitable legal challenge – and the ongoing legal challenge to the CU ban – is if the Colorado Supreme Court refuses to uphold the law (certainly not impossible, given the repeatedly demonstrated anti-gun bias and generally anti-constitutional predilections of the Mullarkey Majority which dominates the 7-member court).
Meanwhile, the CU Regents ban on responsible and licensed concealed-carry has already been challenged by students from different CU campuses; although a lower court judge dismissed the case on a technicality, the case is now coming before the Colorado Court of Appeals (one level shy of the Colorado Supreme Court). Oral arguments in the case begin this coming Tuesday (23 March) starting at 1:30 PM (those with an interest in upholding the constitutional right to keep and bear arms in Colorado may wish to appear in (polite and civil) witness to the proceedings.
Ultimately, these cases are likely to be decided by the Colorado Supreme Court; given the current majority, this cannot be an entirely encouraging prospect for friends of liberty and defenders of our constitutional rights.
Fortunately, friends of liberty and the constitutional right to keep and bear arms in Colorado can “head ‘em off at the pass” in November 2010 by voting to REMOVE FOUR of the most anti-constitutional justices on the Colorado Supreme Court (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) BEFORE the challenge comes to a final resolution before the court.
Freedom isn’t Free – Defend YOUR Constitution, and exercise YOUR right to vote “NO” on retaining the four unjust justices of the Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, not rule by activist, agenda-driven “justices.” Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote against retaining these unjust justices in November 2010!
Support Clear The Bench Colorado at your Precinct Caucus tonight!
Tonight is the night that Colorado citizens of all political persuasions (at least those registered with a political party) have the opportunity to make their voices heard and influence their respective party’s choice of candidates in the elections, at their local precinct caucus. The precinct caucuses are the most direct interaction that the majority of Colorado citizens have in the political process, and we encourage everyone to take advantage of the opportunity, whatever your party affiliation.
The precinct caucuses ALSO present the opportunity for citizens to speak out on matters of policy, as well as politics – by introducing resolutions at the caucuses to gain support within the political parties and their membership.
Clear The Bench Colorado asks citizens attending the caucuses who care about our Constitution and upholding the rule of law - be they Republican, Libertarian, Green Party, or Democrat (although it may take a bit more courage from members of the latter parties) to introduce the following resolution (which must be submitted in written form) at your local precinct caucus:
Whereas, the rule of law must be upheld by judges who respect the Constitution and act to interpret laws as written, rather than make them by legislating from the bench and overriding the will of the people -
Be it Resolved that We The People strongly advocate a “NO” vote on the retention of Colorado Supreme Court Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey in the November 2010 elections, in order to restore accountability to the judiciary of Colorado.
Join Clear The Bench Colorado in returning “power to the people” – get active, get involved, raise your voice and help to restore accountability to the Colorado judiciary by exercising YOUR RIGHT to vote “NO” on the four unjust justices of the Colorado Supreme Court (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your rights: your right to vote on tax increases, your right to defend your home or business from seizure by government abuse of eminent domain power, and your right to enjoy the benefits of the rule of law, not rule by activist, agenda-driven “justices.” Help to Support Clear The Bench Colorado with your voice (Sound Off!), your contributions, and your “NO” vote to remove these unjust justices on election day this November!
Clear The Bench Colorado continues the Grassroots Revival – today at Vail Valley 9.12 Project
The resurgence of “We The People” in the form of local citizens banding together in grassroots civic action organizations to defend our constitutional rights is THE continuing political story of the year 2010 in America…
Clear The Bench Colorado Director Matt Arnold is both proud and humbled to have been invited as a guest speaker to several such groups over the last several months – beginning with the massive (7000+) crowd at the Tax Day Tea Party rally at the Denver Capitol and continuing through several events throughout the Spring (examples here, and here), Summer (examples here, here, and here) and Fall (examples here, here, here, here, and here) and Winter (here, and here) of 2009 – and now coming back for more in 2010!
The Grassroots Revival continues. Clear The Bench Colorado Director Matt Arnold is speaking this morning (Saturday) at the Vail Valley 9.12 Project meeting at the Avon Branch Library starting at 10AM.
Join Clear The Bench Colorado and the Grassroots Revival in restoring “power to the people” – get active, get involved, raise your voice and help to restore accountability to the Colorado judiciary by exercising YOUR RIGHT to vote “NO” on the four unjust justices of the Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your rights: your right to vote on tax increases, your right to defend your homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, not rule by activist, agenda-driven “justices.” Support Clear The Bench Colorado with your voice (Sound Off!), your contributions, and your “NO” vote to remove these unjust justices on election day this November!
Clear The Bench Colorado is the event Guest Speaker at Tuesday’s Colorado Springs Candidate Debate 2010 Forum
Clear The Bench Colorado Director Matt Arnold is the featured guest speaker at the Colorado Springs Candidate Search 2010 Forum this Tuesday (9 March) at the Mr. Biggs Family Event Center (I-25 & Nevada). Doors open to the general public at 5:00 PM for meeting and mingling, and the speeches and debates begin at 6:00 PM.
[UPDATE: Video from the event, posted by "theusrepublic" on WittySparks]
The event will also feature candidates for Colorado Governor, State Treasurer, and U.S. Senate.
This event provides an opportunity for you to learn more about the candidates asking for your vote in statewide elections this year (primaries are in August, general election is 2 November).

The grassroots, nonpartisan organizations sponsoring and hosting this event are:
… and countless individual grassroots groups and organizers.
Take the opportunity to learn more about why the MOST important votes you can cast in this very important election year are four “NO” votes on the unjust justices of the Mullarkey Majority on the Colorado Supreme Court – and get to know more about the candidates for those other offices, too.
Become an informed citizen; conduct your own evaluation of ANY official (including judges) asking for your vote, based on how (and whether) they follow the Constitution and uphold the rule of law. Armed with information, Yes, you can exercise your right to vote “NO” on the four ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.” Support Clear The Bench Colorado with your comments (Sound Off!) and your contributions – and vote “NO” on retaining these unjust justices in the upcoming November elections!