‘Cry Havoc’, and let slip the Dogs of War! that this foul deed shall smell above the earth… (Shakespeare, “Julius Caesar”)

OK, we’re not quite talking about the Shakespearean dogs of war - but enemies of your constitutionally guaranteed right to vote on tax increases have been urging the pack of unjust justices that make up the Mullarkey Majority on the Colorado Supreme Court “Sic ‘em!” on the Taxpayer Bill of Rights (TABOR) for quite some time - and their “foul deeds” certainly do “smell above the earth…”
The latest example of using the courts to take away your rights (instead of defending them) comes to us courtesy of an article (TABOR opponents use courts to defang amendment) in the Durango Herald earlier this week. The article describes the oh-so-clever attempt by a Colorado trial lawyer to bypass or eliminate your merely “‘procedural’ rights to vote on tax increases” by using a court order to overrule the legislature and the citizens of our state. If he wins,
“the Legislature would be under a court order to boost school funding. It would have to ask voters for a tax increase, because schools already eat up almost half the state’s tax revenue. If voters don’t approve, the court might have to give the Legislature the power to overrule the voters. That effectively would mean the end of TABOR.”
“Lots of people anticipate that, eventually, we may see this particular scenario,” the lawyer said.
The Colorado Supreme Court’s Mullarkey Majority has already laid the groundwork for this power grab by the courts in a ruling last October (Lobato v. State of Colorado) allowing the lawsuit to go forward, overturning lower courts that had held (correctly) that school funding decisions are a matter of policy - not law - and are therefore the job of elected legislators - not appointed judges - to decide.
Past Supreme Court decisions give him reason to be optimistic. Time and again, the court has limited the effects of TABOR.
In fact, over the past two decades since TABOR’s adoption, the Mullarkey Court has been relentlessly hostile to the Taxpayer’s Bill of Rights - ruling on every opportunity against TABOR (over 13 major cases - and counting) despite the clear language of the law directing that “Its preferred interpretation shall reasonably restrain most the growth of government.”
Most notoriously, the Mullarkey Majority on the Colorado Supreme Court blindsided voters by upholding the blatantly unconstitutional “Mill Levy Tax Freeze” (in reality, an escalating property tax increase) in the Mesa County Board of County Commissioners vs. State of Colorado case in March 2009, and also created a constitutional loophole allowing taxes to masquerade as “fees” (bypassing the voter approval requirement) in the “November Surprise” ruling in 2008 (enabling, among many other new ”fees“, the enormously regressive, unpopular, and painful FASTER Colorado Car Tax increase).
The court narrowly defined “tax-policy change” in the Mesa case, which opened the door for Gov. Bill Ritter to ask for several tax-break repeals this year, including a sales tax on candy and soda.
The mania for new “fees” to extract every last nickel and dime from Colorado citizens has become so pronounced that it’s difficult to even satirize - the reality is often more ridiculous. Give us a break - “balancing the budget” with extra taxes on candy and soda?
Unfortunately, this relentless assault on our wallets - and our rights - is no laughing matter. We have witnessed an accelerating erosion of our constitutional protections under the Mullarkey Court - left unchecked, it will only get worse. MUCH worse.
“The ultimate goal is to figure out how to get rid of TABOR without a vote of the people,” said Sen. Greg Brophy, R-Wray, at a pro-TABOR meeting at the Capitol.
“TABOR… is the only line of defense between working families’ wallets and a massive increase in government spending… Allowing citizens to vote on how much government they want and how much they are willing to pay for it” is the core of TABOR, without which those in government - such as the unjust justices of the Mullarkey Majority - would recognize NO LIMITS on their power and authority to take whatever they want, in pursuit of whatever goals they want; with YOUR money.
Don’t let the Mullarkey Majority take another bite out of your rights - put some teeth into your self-defense 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 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, instead of suffering rule by activist, agenda-driven “justices.” Please help support Clear The Bench Colorado with your own comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices in 2010!