Governor Bill Ritter is one step closer to keeping his illegal property tax rate freeze. Similarly to the District Court ruling that originally judged the tax freeze unconstitutional, the Colorado Supreme Court ruling came late on a Friday afternoon, thus guaranteeing it to be buried during the weekend dead news cycle. The media helped cover for the court when the Rocky Mountain News buried its story on page 4 of the dead tree edition (and did not blurb the story at all on the cover).
A law that funnels more tax money to schools is still in force for now, allowing local school districts to raise taxes in 2009, the state Supreme Court said Friday.
But the court refused to say whether the law is constitutional, and it gave no hint when that decision will come. (snip)
It is disappointing (but not surprising) that the Colorado Supreme Court lifted the injunction. What is odder is that the court did not yet decide the case though it took testimony last September. Perhaps the delay helps the court's political position better. If the court delays its decision until after school districts send bills and collect taxes at the higher rate, the state will acquire the additional revenues, de facto legalizing the matter. Perhaps the court will try the Solomonesque approach where they judge the law unconstitutional yet allows the state to retain the illegal funds. The delay would allow Governor Bill Ritter and the legislature to come up with a law or referred initiative that would pass Supreme Court review.
It is obvious why Governor Bill Ritter does not want a vote of the people on his illegal tax increase. Coloradans voted down every statewide tax increase on the November ballot. Governor Ritter knows that the mood is not rightfor tax increases (especially during a recession), so he is happy that the partisan Colorado Supreme Court can run interference and keep his increased tax revenue. As for the Colorado Constitution and TABOR, well, the ends justify the means.
by Civil Sense
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