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
    • Defending Colorado: Federal Lawsuit Tracker
  • Resources
    • Code of Colorado Regulations
    • Colorado Privacy Act
    • Colorado Revised Statutes
    • Data Protection Laws
    • Funding Opportunities
    • Lethality Assessment Protocol
    • Office of Financial Empowerment
    • Survivors of Childhood Sexual Abuse
    • Transparency Online Project (TOPS)
    • Victim Assistance
    • Violence Prevention Trainings and Resources
  • Licensing
    • Business Resources
    • Collection Agencies & Debt Collectors
    • Credit Services Organizations
    • Debt Management Services Providers
    • Health Club Bonds
    • Repossessors
    • Student Loan Servicer Licensing
    • Telemarketing
    • UCCC Licensing & Notification
  • 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

Colorado attorney general logo against mountain peaks background and text that reads News from Attorney General Phil Weiser

Attorney General Weiser secures court order temporarily blocking Postal Service’s unlawful mail voting rule

Federal judge blocks last-minute requirements that threaten to disrupt Colorado’s mail ballot system ahead of November election Aug. 28, 2026 (DENVER) – Attorney General Phil Weiser and a coalition of 25 states secured a temporary restraining order blocking a new […]

Colorado attorney general logo against mountain peaks background and text that reads News from Attorney General Phil Weiser

Denver man charged in public water system tampering case

Aug. 28, 2026 (DENVER) – The Colorado Attorney General’s Office, together with 14th Judicial District Attorney Matt Karzen, today announced felony charges against Fabrizio Lorenzin, 65, for alleged interference with a public water system that supplies drinking water to communities […]

Colorado attorney general logo against mountain peaks background and text that reads News from Attorney General Phil Weiser

Attorney General Weiser sues to protect federal funding for family planning and preventive health care

Aug. 27, 2026 (DENVER) – Attorney General Phil Weiser today joined a coalition in suing to block new unlawful conditions on Title X funding, which supports reproductive health care, family planning, cancer screenings, and other preventive care for millions of […]

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

Attorney General Phil Weiser is working to defend Colorado communities against harmful and illegal actions from the federal government.

Learn more: Defending Colorado