Clear the Bench Colorado

Cross-posted from the Peoples Press Collective and Mount Virtus websites, from commentator Big Ben (big, but “not as big as Rasmussen“) DeGrow:

“Despite all the hoopla (much of it well-deserved) about the election results, let’s not lose focus on an easily overlooked issue that should factor into some of our important decisions for 2010 — namely, the Colorado Supreme Court delving into political questions of how our schools are funded in Lobato v State.

You now can listen to my recent 8-minute interview on this very topic with Brad Jones on Face The State Weekend edition.

Whether or not you get to listen, let me explain — no, let me sum up: The case for Clear The Bench Colorado is now overwhelming.”

Overwhelming, indeed.  The Independence Institute’s expert analyst on Education Policy (and frequent online commentator)  Ben DeGrow is part of the rising chorus of commentators (Mike Rosen’s Denver Post column Thursday, Mark Hillman’s excellent article Wednesday, and Vince Carroll’s superb commentary Sunday, to name just the most prominent recent examples) speaking out against the Mullarkey Majority’s most recent blatantly unconstitutional ruling - and piling-on power grab - in Lobato v. State of Colorado.  Ben’s radio piece supplements his first big broadside against the dangerous Lobato ruling and his Taking on the Colorado Supreme Court blog post,  following the very-next-day analysis and commentary of the ruling posted right here on Clear The Bench Colorado.

Inform yourself about this outrageous Colorado Supreme Court ruling - in print,  on-air, and online - Exercise your rights (while you still have them) - hold the unjust justices of the Mullarkey Majority accountable to the Colorado Constitution and the rule of law.  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 rights: your right to have policy decided by elected, accountable legislators (not unelected judges); 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 “NO” vote on retaining these unjust justices in 2010!

Clear The Bench Colorado welcomes you to the Halloween Special edition of the Friday Funnies - and it’s a very special edition, indeed, as Chief Justice Mary Mullarkey shows her true colors in response to the grassroots movement to restore accountability to the Colorado judiciary.

Chief Justice Mullarkey’s hostility to Article X, Section 20 of the Colorado Constitution (TABOR) is no secret, as is her disdain for the constitutional rights (under TABOR and other constitutional articles) of Colorado citizens - your right to vote on tax increases and new taxes, your right to not be “tricked” by the “treat” of taxes masquerading as “fees“, your right for your home or business to be safe from unjust seizure, and your right to have policy decisions made by your elected - and accountable - representatives, not unelected, activist judges.

Chief Justice Mullarkey - and her cronies and henchmen of the radical left (such as the radical left-wing group “Democratic Underground” rising up to rally around “our folks in the judiciary“) - are beginning to take note of the growing, grassroots movement to hold our justices accountable to the law - the very Colorado Constitution they are sworn to uphold - and they’re beginning to lash out.

Why, just the other day I received this disturbing, scary message (I’m not sure who it’s from, but…)

My little dog, too? I mean, it’s bad enough that the Mullarkey Majority is aiding and abetting the Colorado Legislature in playing “Grinch” by imposing new “fees” on everything in sight and cutting back on canine car rides with the Colorado Car Tax - but that’s just plain mean.  We’ve got to draw the line somewhere - don’t let unjust justices make Colorado puppies sad, let’s have a Happy Halloween.

There are few things more frightening than what the Mullarkey Majority has done to the Colorado Constitution - and to your constitutional rights. Exercise your rights (while you still have them) - hold the unjust justices of the Mullarkey Majority accountable to the Colorado Constitution and the rule of law. 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 rights: your right to have policy decided by elected, accountable legislators (not unelected judges); 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 “NO” vote on retaining these unjust justices in 2010!

An alert reader (hat tip to Live Free Colorado) brought the Colorado Springs Gazette editorial criticizing the tax and “fee” ‘bait and switch’ tactics employed by the current administration - thanks to the Mullarkey Majority’s unconstitutional ruling last November - to my attention this morning.

The Taxpayer’s Bill of Rights clearly says that voters have to approve any new tax in Colorado. Many jurisdictions, including the state and Colorado Springs, have danced around this requirement by instituting fees to cover costs that should rightly be funded with taxes. This allows those governments to get what they want - and in all fairness sometimes what they need to serve the public - without the bother of asking permission. The Colorado Supreme Court has been complicit in allowing this, ruling many times that these fees aren’t really stealth taxes. That fact has unfortunately emboldened new abuses of fees, and the latest example is Gov. Bill Ritter’s August raid of the state’s fee-funded tire cleanup fund to help balance the budget.

The Gazette editorial is yet another example of what seems to be a groundswell of opinion critical of the Mullarkey Majority’s outrageous rulings - brought to the forefront by last week’s ruling usurping the power of the legislature to make policy on school funding that kicked off a virtual storm of commentary by some of the most prominent observers of political events in Colorado. (Mike Rosen’s Denver Post column Thursday, Mark Hillman’s excellent article Wednesday, Vince Carroll’s superb commentary Sunday, and - not least -  Independence Institute’s expert analyst on Education Policy (and frequent online commentator)  Ben DeGrow (who’s big - but “not as big as Rasmussen”) Taking on the Colorado Supreme Court last Sunday, too).

The Gazette editorial correctly calls Governor Ritter to account for resorting to ”the ol’ bait and switch” - moving funds collected by fees for a specific purpose (in this case, the tire waste fund) - into the general fund in order to “balance the budget”:

Any time a fee is imposed by government, the legislation setting up the fee provides for how the money is to be spent. A fee should address a specific issue to be addressed with that revenue. The tire waste fund comes from a $1.50 fee the state charges when you buy a new tire and leave the old one at the dealer. It is supposed to be used to subsidize tire recycling efforts in the state. The subsidy is needed because, according to a recent Denver Post report, the demand for recycled tires isn’t high enough to make recycling profitable, and Colorado has the largest stockpile of old tires in the nation. Ritter’s actions exacerbate the problem. Worse, though, his raid on the waste tire fund created what is essentially a new tax on tires.

The Colorado high court disagrees, saying, in essence, that as long as revenue from a fee goes into the fund for which it was intended, it’s still a fee, regardless of what it’s spent on. Additionally, the court says that because the revenue is already in the state coffers, it’s not new revenue if it is moved to the General Fund. Using the court’s rationale, the Legislature could charge a fee to, say, offset damage to state roads from large pickup trucks and SUVs. It could then raid that fund to pay for capital improvements or maintenance to public school buildings.

Any way you slice it, that’s underhanded and a breach of the public trust.

 The Mullarkey Majority’s semantic shenanigans - playing fast and loose with the letter of the law, the very Constitution they are sworn to support and uphold - have aided and abetted numerous underhanded, unconstitutional legislative sleights of hand and breaches of the public trust.

DON’T LET THEM GET AWAY WITH IT!  Exercise your rights (while you still have them) - hold the unjust justices of the Mullarkey Majority accountable to the Colorado Constitution and the rule of law.  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 rights: your right to have policy decided by elected, accountable legislators (not unelected judges); 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 “NO” vote on retaining these unjust justices in 2010!

“A sense that the Colorado Supreme Court is growing out of control continues to pick up momentum after the October 19 Lobato v State ruling (PDF), in which the 4-3 liberal majority arrogated to itself the power to determine school funding policy.”

The Independence Institute’s expert analyst on Education Policy (and frequent online commentator)  Ben DeGrow is part of the rising chorus of commentators (Mike Rosen’s Denver Post column Thursday, Mark Hillman’s excellent article Wednesday, and Vince Carroll’s superb commentary Sunday, to name just the most prominent recent examples) speaking out against the Mullarkey Majority’s most recent blatantly unconstitutional ruling - and piling-on power grab - in Lobato v. State of Colorado last Monday.  Ben claims to have offered the first big broadside against the dangerous Lobato ruling in his Taking on the Colorado Supreme Court blog post today, but in reality only ties Vince Carroll for 2nd (both piece published Sunday) following the very-next-day analysis and commentary of the ruling posted right here on Clear The Bench Colorado.

Despite only coming in second (sorry, Ben) past the gate, Ben’s article in the Colorado Daily is well worth reading not only for the analysis of the Mullarkey Majority’s flawed Lobato v. Colorado ruling but also for Ben’s insights into how this ruling will negatively impact Colorado’s schools and end up hurting - not helping - Colorado’s school-age children.

Ben will also will be talking about the Lobato case and school funding adequacy on Face The State weekend radio with Brad Jones. In the Denver area, that’s AM 710 KNUS on Saturday at 5:00 AM and Sunday at noon. Check local listings for additional stations and times.

Inform yourself about this outrageous Colorado Supreme Court ruling - in print,  on-air, and online - Exercise your rights (while you still have them) - hold the unjust justices of the Mullarkey Majority accountable to the Colorado Constitution and the rule of law.  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 rights: your right to have policy decided by elected, accountable legislators (not unelected judges); 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 “NO” vote on retaining these unjust justices in 2010!

“The liberal majority on the Colorado Supreme Court has taken judicial chutzpah to a new level.”

Mike Rosen’s column in today’s Denver Post joins the rising chorus of commentators (Mark Hillman’s excellent article Wednesday, and Vince Carroll’s superb commentary Sunday, to name just the most prominent recent examples) speaking out against the Mullarkey Majority’s most recent blatantly unconstitutional ruling - and piling-on power grab - in Lobato v. State of Colorado last Monday.

As Rosen notes, “the level of education spending is inherently a budgeting and political question that must be considered in the context of competing demands from other essential services for finite revenues” - a question properly (and constitutionally) the domain of our elected (and accountable) legislators.

“Uh-uh, said the liberal Supremes, trumping the lower courts, we’re going to arrogate this power to the judiciary. Since simply spending more money on public schools doesn’t necessarily produce better results, this ruling implicitly gives courts the authority to also dictate what is taught and how.” (emphasis added)

This latest ruling is only the most recent example of the out-of-control Mullarkey Court’s grab for power - claiming the authority to be the ultimate arbiter of ALL political issues in Colorado, authority it does not have under the Colorado Constitution and the rule of law.

As Rosen points out, “the appointed members of the court… exploit unchecked power. Chief Justice Mary Mullarkey, the liberal-in-chief, has been there for 22 years.”

Blatant partisanship and arrogant judicial activism - advancing a political agenda by making law, not simply upholding it - is nothing new to the court’s liberals. In the past they’ve co-opted the legislature by imposing a Democrat-contrived redistricting plan on the state, and overrode TABOR when they conveniently declared Gov. Bill Ritter’s property tax increase a “freeze.”

Fortunately, there’s a remedy in Colorado for runaway judges like these. Unlike U.S. Supreme Court justices, Colorado jurists aren’t appointed for life.

Periodically, they must stand for a retention vote by the citizens. As benevolent coincidence has it, three of the four liberal activists who conspired in this ruling are up for retention in 2010: the aforementioned Chief Justice Mary Mullarkey along with Justices Alex Martinez and Michael Bender. (The fourth, Justice Gregory Hobbs, was retained in the last election for another 10-year term. Sorry.)

Rosen concludes: “Retention elections are usually a perfunctory formality. Judges are rarely voted off the bench. Perhaps this was the last straw, an opportunity to deliver a message to these and other would-be judicial activists.”

We are witnessing a slow-motion coup d’etat in Colorado by the Mullarkey Majority of the Colorado Supreme Court.  In disregarding the proper judicial obligation to uphold the law (NOT to make policy), the Mullarkey Court, unrestrained, is seizing more and more power. When these unjust justices rule from the bench, they really RULE from the bench…

The 2010 Supreme Court retention elections must not be - cannot be - a mere “perfunctory formality.”  Exercise your rights (while you still have them) - hold the unjust justices of the Mullarkey Majority accountable to the Colorado Constitution and the rule of law.  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 rights: your right to have policy decided by elected, accountable legislators (not unelected judges); 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 “NO” vote on retaining these unjust justices in 2010!

Although overshadowed by a variety of high-profile news events (celebrity deaths, governors on opposite coasts leaving home or leaving office, and the U.S. House passing the largest tax increase in American history), last week’s announcement that Denver District Judge Christina Habas made the short list of recommendations to fill two Colorado federal judicial vacancies is noteworthy. 

The list of potential nominees, forwarded by U.S. Senators Mark Udall, D-Boulder, and Michael Bennet, D-Denver, was generated based on the advice of a diverse, bipartisan advisory panel co-chaired by former Colorado Supreme Court Justice Rebecca Kourlis and Hal Haddon, a prominent Colorado attorney, according to a brief article in the Denver Post.

Judge Habas, it may be recalled, defended Colorado’s Constitution (and upheld the rights of Colorado citizens) by ruling (correctly) that the “Mill Levy Tax Freeze” law (SB-199) passed by the Colorado Legislature and signed into law by Governor Bill Ritter was an unconstitutional property tax increase.

Although Habas, a registered Democrat, expressed sympathy toward the stated aim of the law (”increase funding for education”), she put her duty as a judge, and her oath to uphold the constitution, ahead of her personal preferences.  Understanding that the proper role of judges is upholding the law, not making it, Judge Habas concluded her 30 May 2008 ruling in declaring the “Mill Levy Tax Freeze” unconstitutional as follows:

However well-intentioned and commendable the purpose and consequences of SB-199, this Court must be concerned only with enforcement of the Colorado Constitution. While this Court candidly expresses its concern as to the resulting consequences of this decision, it must nonetheless perform its duties in a manner consistent with its oath to uphold the Constitution.

An article in Face The State reinforces the evaluation of Judge Habas as a fair and impartial jurist, quoting Denver attorney Richard Westfall (who argued the Mill Levy Tax Freeze case before her):

“I thought Judge Habas did a very good job in the mill levy property tax case and I don’t think the Colorado Supreme Court in any way explained why it reversed her,” said Westfall. “She has a reputation for really rolling up her sleeves and doing her job. She believes in following the law instead of advancing a political agenda.”

How refreshing!  A judge that actually upholds the law - the Colorado Constitution - and honors her oath of office.  How unfortunate that such a judge was overturned by the “Mullarkey Majority” of unjust justices on the Colorado Supreme Court in the Mill Levy Tax Freeze case.

Take the opportunity to call Senator Udall and Senator Bennet to voice your support for recommending judges who uphold the rule of law, remind them that you expect the same criteria when it comes to confirming a U.S. Supreme Court justice, and remember to vote “NO“ on retaining the unjust justices of the “Mullarkey Majority” (Justices Michael Bender, Alex Martinez, Nancy Rice, and most importantly Chief Justice Mary Mullarkey) in office in 2010.

Let’s Clear The Bench, Colorado!

Clear The Bench Colorado Director Matt Arnold is the guest speaker at this month’s Coalition for a Conservative Majority (CCM) Progress & Strategy Meeting in Colorado Springs on Tuesday, July 7th.    The meeting starts at 6PM (presentations at 6:30) at The Retired Enlisted Association, 834 Emory Circle, Colorado Springs, CO  80915.

Matt will present the case for restoring accountability to Colorado’s judiciary by voting “NO” in retention elections for the “unjust justices” of the Mullarkey Majority in 2010 (FOUR Colorado Supreme Court justices - Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey - must face Colorado voters in November 2010).  They need your approval to continue taking away your rights - DON’T GIVE IT TO THEM!

Vote “NO” on unjust justices, ditch the Mullarkey Majority, and Clear The Bench, Colorado!

For more information on CCM and directions to the meeting location, view their website.

Appearing at the Independence Day Tea Party Celebration in Arvada this weekend (Saturday, July 4th), Clear The Bench Colorado Director Matt Arnold spoke before the crowd, and was also interviewed by Ari Armstrong of FreeColorado, covering the event.

For more on the event, view Ari’s posts on FreeColorado and/or PeoplesPressCollective.

Video clip courtesy of Ari Armstrong, FreeColorado.com

 Clear The Bench Colorado Director Matt Arnold has been invited to reprise his debut appearance at the April 15th Tax Day Tea Party rally (a massive event in Denver, and extremely well-attended around the country, despite mass media attempts to downplay or discredit these grassroots events) at the Independence Day Tea Party Patriotic Celebration cookout event in Arvada on Saturday, July 4th.

Independence Day Tea Party Patriotic Celebration. Pioneer Park Pavilion, 9101 Ralston Road, Arvada, CO from 1:00 to 8:00 p.m

Unlike the April 15th Tax Day Tea Party, this event is not intended to be a massive rally, but instead a more laid-back, friendly (and family-friendly) celebration of our national Independence Day.  There will be a few speakers, around 2-3 PM, but the major focus is on observing the 4th of July among friends, either long-time or just-made.

This is just one of the many events across Colorado, and across the country, associated with the Tea Party movement this July 4th - for one in your area, refer to the Guide to Colorado Tea Parties on the Fourth of July.  To quote from that source:

On the day we remember our nation’s declaration of independence from tyranny and oppressive government, a new breed of patriots will reconvene at public spaces around Colorado and the nation. While these new patriots may be attending the tea parties for varied reasons, the common thread bringing them together is the concept that our government’s power is derived from the people.

The impromptu grassroots events that sprouted up on April 15 this year reenergized many Coloradans. They banded together to ensure that their collective voice of dissatisfaction with the course being charted by our nation’s elected officials was heard loud and clear. 

Let your voice be heard loud and clear - not only this July 4th, as we celebrate our Independence Day, but also in November 2010 at the polls. 

Vote “NO” on unjust justices in 2010 - don’t retain the Mullarkey Majority!

Breaking News: the U.S. Supreme Court just reversed Sotomayor (Monday, 29 June 8AM MDT)

The Supreme Court has ruled that white firefighters in New Haven, Conn., were unfairly denied promotions because of their race, reversing a decision that high court nominee Sonia Sotomayor endorsed as an appeals court judge.

This decision must be considered a victory for the rule of law over “preferred outcome” jurisprudence.  The ruling majority in the case, Ricci vs. DeStefano, upheld the rights of New Haven firefighters under Title VII of the Civil Rights Act of 1964, which “prohibits intentional acts of employment discrimination based on race, color, religion, sex, and national origin, 42 U. S. C. §2000e-2(a)(1).”

The city of New Haven, CT had refused to certify the results of an examination given to firefighters seeking to qualify for promotion once it became apparent that none of the black candidates qualified, “based on the statistical racial disparity” and responding to public pressure.  The Supreme Court found

There is no genuine dispute that the examinations were job-related and consistent with business necessity. The City’s assertions to the contrary are “blatantly contradicted by the record.” (p.33)

The City, moreover, turned a blind eye to evidence that supported the exams’ validity. (p.33)

The majority ruling was clear in upholding the rights of ALL Americans to equal treatment under the law:

The record in this litigation documents a process that, at the outset, had the potential to produce a testing procedure that was true to the promise of Title VII: No individual should face workplace discrimination based on race. Respondents thought about promotion qualifications and relevant experience in neutral ways. They were careful to ensure broad racial participation in the design of the test itself and its administration. As we have discussed at length, the process was open and fair. (p.37)

The problem, of course, is that after the tests were completed, the raw racial results became the predominant rationale for the City’s refusal to certify the results. (p.38)

Racial discrimination is abhorrent to the principles expressed so eloquently in the 4th of July 1776 American Declaration of Independence (which must be seen as the philosophical source of our system of laws) and enshrined in the U.S. Constitution: that ALL men are created equal, and deserve equal treatment - as individuals, not categories or representatives of groups - before the law.  Supreme Court Justice Antonin Scalia makes this point explicit in his concurring decision:

“[T]he Government must treat citizens as individuals, not as simply components of a racial, religious, sexual or national class.” Miller v. Johnson, 515 U. S. 900, 911 (1995)  (p.40)

However, some ‘justices’ apparently don’t see things this way, viewing people as mere manifestations of group (race, class, gender, etc.) identity, to be advanced (or denied advancement) due to their identification or affiliation, based on the sympathies (or “empathy“) of judges interpreting the law.

 The logic (or lack thereof) in Justice Ruth Bader Ginsburg’s dissent is illuminating:

The white firefighters who scored high on New Haven’s promotional exams understandably attract this Court’s sympathy. But they had no vested right to promotion. Nor have other persons received promotions in preference to them. (p.55)

Justice Ginsburg’s stance - that “white firefighters” have no “vested right” in fair and equal application of the law and due process in applying for promotion, only because no one else received preference instead - is ludicrous.  Moreover, her position damages not only the “white firefighters” (and Hispanics) denied promotion as a direct result, but ALL firefighters and citizens of New Haven.  In the six years since the city rejected the results, NO firefighters have been promoted to the rank of Lieutenant or Captain AT ALL.  This cannot be of benefit to the firefighters (even those not making the cut) or anyone in the city.  Typical of preference-based treatment, everybody suffers.

Justice Samuel Alito’s opinion concurring with the majority decision - which also exposes the undue influence exerted by political allies of New Haven Mayor DeStefano in throwing out the test results - provides perhaps the best summary of the underlying principles of the case:

Petitioners were denied promotions for which they qualified because of the race and ethnicity of the firefighters who achieved the highest scores on the City’s exam. The District Court threw out their case on summary judgment, even though that court all but conceded that a jury could find that the City’s asserted justification was pretextual. The Court of Appeals then summarily affirmed that decision.

The dissent grants that petitioners’ situation is “unfortunate” and that they “understandably attract this Court’s sympathy.” Post, at 1, 39. But “sympathy” is not what petitioners have a right to demand. What they have a right to demand is evenhanded enforcement of the law-of Title VII’s prohibition against discrimination based on race. And that is what, until today’s decision, has been denied them.  (p.54, emphasis added)

Whether in the Supreme Court of the United States, or in Colorado’s Supreme Court: citizens have a right to demand evenhanded enforcement of the law.  The “Mullarkey Majority” in Colorado has repeatedly demonstrated incapacity or unwillingness to live up to this standard.  We demand better; vote “NO” on retaining the unjust justices of the Mullarkey Court (Justices Bender, Martinez, Rice, and Chief Justice Mullarkey) in 2010.  Let’s Clear The Bench, Colorado!