Skip to Main Content
Colorado Attorney General

Phil Weiser

Colorado Attorney General

File A Complaint
  • About Us
    • Attorney General Bio & Photos
    • Vision & Values
    • Senior Staff & Organization
    • Colorado Attorney General Annual Report
    • Attorney General Opinions
    • Budget & Accounting
    • Contact Our Office
  • Sections
    • Administration
    • Civil Litigation & Employment Law
    • Consumer Protection
    • Criminal Appeals
    • Criminal Justice
    • Natural Resources & Environment
    • Division of Community Engagement
    • Revenue & Regulatory Law
    • State Services
  • Careers
    • Attorney & Other Non-Classified Positions
    • Fellowships
    • Internships
    • Classified Staff Positions
    • Other Opportunities to Join our Team
  • Media Center
    • Press Room
    • Colorado Open Records Act – CORA
  • Resources
    • Survivors of Childhood Sexual Abuse
    • Victim Assistance
    • Data Protection Laws
    • Colorado Privacy Act
    • Funding Opportunities
    • Office of Financial Empowerment
    • Code of Colorado Regulations
    • Colorado Revised Statutes
    • Transparency Online Project (TOPS)
  • Licensing
    • Business Resources
    • Collection Agencies & Debt Collectors
    • Credit Services Organizations
    • UCCC Licensing & Notification
    • Debt Management Services Providers
    • Health Club Bonds
    • Repossessors
    • Student Loan Servicer Licensing
    • Telemarketing
  • Recursos en español

State asks full 10th Circuit Court of Appeals to hear TABOR challenge

 Sept. 4, 2019 (DENVER, Colo.)—Attorney General Phil Weiser today filed a petition with the U.S. 10th Circuit Court of Appeals asking the full court to reconsider Kerr v. Polis. In 2011, several state legislators and others sued in federal court to invalidate Article X, § 20 of the Colorado Constitution, known as the Taxpayer Bill of Rights (TABOR). In July, two judges on the 10th Circuit reversed a federal district court decision and ruled that the local government plaintiffs had standing in the case and could bring suit in federal court. Another judge dissented, agreeing with the district court. Weiser released the following statement:

“Until this ruling, the Courts have consistently ruled that federal courts are not the proper place for school boards, special districts and county commissions to resolve disagreements with their parent state over state policy. Under controlling law, political subdivisions do not have standing to use federal courts to challenge state policies—regardless of the merits of their complaints about the policy—unless there is a specific federal law that gives them rights to do so.

“The political subdivisions in Kerr v. Polis do not have standing under the Guarantee Clause of the U.S. Constitution. The guarantee to a republican form of government is directed to the people of Colorado, not to local boards of education and county commissions.

“The political subdivision plaintiffs in Kerr v. Polis are not authorized to challenge TABOR in federal court. Their concerns about the law are better addressed at the ballot box, not the federal courtroom.

“The July opinion from the 10th Circuit conflicts with controlling law, past 10th Circuit decisions, and recent U.S. Supreme Court decisions. A rehearing of the full court is necessary to secure and maintain uniformity of the Court’s decisions.”

###

CONTACT:

Lawrence Pacheco, Director of Communications

(720) 508-6553 office | (720) 245-4689 cell

Email: Lawrence.pacheco@coag.gov

Related Posts

Governor’s Petition for Rehearing En Banc

Most Recent

Adams County man sentenced to 12 years in cocaine trafficking ring

Jan. 21, 2026 (DENVER) – An Adams County district court judge last Thursday sentenced Julio Gutierrez-Hernandez to 12 years in the Colorado Department of Corrections for drug crimes related to a cocaine trafficking ring prosecuted by the attorney general’s special […]

Attorney General Phil Weiser launches online tool to report federal agent misconduct

Jan. 21, 2026 (DENVER) – Attorney General Phil Weiser today announced an update to the Colorado Department of Law’s public complaint filing system, adding a new section for Coloradans to report federal agent misconduct (opens new tab). Information shared there will assist […]

Eye care clinics agree to pay combined $520K over illegal Medicaid billing

Jan. 15, 2026 (DENVER) — Attorney General Phil Weiser today announced a settlement with Apex Vision and Wellness, a Greeley-based eye clinic, and Just for Grins Vision, a Fountain-based eye clinic, to resolve allegations that the clinics illegally billed the […]

Office of the Attorney General
Colorado Department of Law
Ralph L. Carr Judicial Building
1300 Broadway, 10th Floor
Denver, CO 80203

(720) 508-6000

Contact the Office of the Attorney General

Contact

ACCESSIBILITY STATEMENT

DECLARACION DE ACCESIBILIDAD

Facebook
Twitter
LinkedIn
Instagram
YouTube
BlueSky