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May 27, 2013 10:08 PM UTC

Colorado Supreme Court Rules Against Lobato Plaintiffs

  • 13 Comments
  • by: Colorado Pols

UPDATE: FOX 31's Eli Stokols, who had the story first:

“This ruling is a devastating blow to the children of Colorado,” said Kathy Gebhardt, the lead attorney for the plaintiffs, in a statement to FOX31 Denver Monday. “Today the Court closed its doors to the children of Colorado. The court has bowed out, so the constitution cannot provide these children with any protection. The Court said that we must now trust our politicians to address the acknowledged and enormous resource needs of children throughout the state.

“It is difficult to imagine how the judges could read the facts found by the trial court below and find that the system meets the constitution’s “thorough and uniform” requirement,” Gebhardt continued. “The trial court found after a five-week trial that Colorado’s school finance system was so inadequate and inequitable that it was not just unconstitutional but unconscionable."

Here's the text of the ruling.

—–

We're accidentally made aware this holiday, as 9NEWS reports:

The Colorado Supreme Court has ruled in favor of the state in a landmark education lawsuit.

9News has confirmed the court ruled in a 4 to 2 decision that state education funding is constitutional, even though per student spending is more than $2,000 below the national average…

The court was supposed to officially announce its decision Tuesday, but the ruling was posted on the Supreme Court's website Monday before it was quickly taken down.

A ruling with enormous significance, and we're not doing justice on such short notice. We'll update shortly.

Comments

13 thoughts on “Colorado Supreme Court Rules Against Lobato Plaintiffs

  1. Calling Matt Arnold, those activist judges strike again! 🙂

    Just kidding.

    Now Hickenlooper proves his worth, and uses his charm to pass the school funding initiative. Perhaps he can save Colorado education and faith in the legislative process in one fell swoop.

    The glass is half full…repeat…

  2. Last I heard the court does not rule on unconscionable. As to unconstitutional, the court is the final arbitrator of that. And I think it's a reasonable interpretation that the existing system meets the constitutional requirement.

    It's a lot easier to have the court mandate what we want. But as a democracy, issues like this do belong in the legislature. We get less of what we want, it takes longer, but it is a democratic process.

    1. "But as a democracy representitive government, issues like this do belong in the legislature. We get less of what we want, it takes longer, but it is a democratic process."

      Exactly.

    2. Courts get to decide lots of things besides constitutionality–they decide guilt, liability, culpability, admissibility, matters of fact, matters of law, mixed questions of fact and law,and, on occasion, conscionability.

    3. Correct. Using the courts to usurp legislative power would have been a disaster with no end.

      Now can we have the argument about money not being everything when it comes to education?

  3. The Denver Post and the commentators have missed the real story here — Governor Hickenlooper has moved the Colorado Supreme Court to the right.

    Governor Hickenlooper’s only pick for the State Supreme Court, Justice Brian Boatright, a conservative Republican, was a member of the 4-2 majority in Lobato.  Justice Marquez recused herself, having worked on the case while in the Attorney General’s Office.  For reasons that remain unclear, the Governor selected then-Judge Boatright from Jefferson County over two more progressive finalists.

    Had the Governor selected a more progressive Justice, it is possible that the Court would have deadlocked 3-3, thereby affirming the trial court’s ruling in favor of the Lobato plaintiffs.

    Next year, the Governor will have an opportunity to replace Chief Justice Bender, who dissented in Lobato and who will be forced to retire due to age in 2014.  This appointment could decide the philosophical bent of the Colorado Supreme Court over the next decade.  Will the Governor select another conservative?

    1. This scares the heck out of me too ColoDem.  I am becoming very afraid of Governor Hinkenlooper's legacy.  I truly believe it is Colorado citizens that are responsible for this mess.  Because we elected DINOs it appears that prominent Democrats are appeasing the right and that is where we focus.  All the while we take our eyes off the real issues.  That is, they too, are in bed with corporations and corporations are taking over our country.

      I have thought that Governor Hinkenlooper is a dangerous man from the time he replaced a great judge with the likes of Boatright.

  4. Actually, I never knew what political party Justice Boatright was a member of, however, he was an excellent Judge in Jefferson County and very well respected.  I am all for picking fair and qualified judges on merit than on politics.   I am tired of the Clear the Bench folks continually trying to bring politics back into the judiciary and bringing back partisan elections.  Likewise, I don't think a State Supreme Court stacked with members of the same political party is appropriate.  I am all for appointing qualified judges to the Colorado Supreme Court who have shown a track record of being knowledgeable, fair and did a good job on the District Court bench.   Most cases heard and decided by the Colorado Supreme Court are not necessarily political. 

    1. I couldn't ask for anymore from a judge if he is what you say.  But to make things hit home for me today I was helping an elderly relative and they received a predatory letter from an investment group.  The letter said because you have over $500K you are part of an elite group of Americans.  They went on to say that only 7% of Americans have that much money.  It nearly choked me up.  What is wrong with us that we are allowing all our wealth to be sucked out of us with low wages, negative growth investments (including 401k) and the theft of our property.  The banks are not going to stop until they have it all.  Next Wall Street is going after Social Security.  Most Americans don't even have a grasp on what they have lost to Wall Street greed.  We are so screwed unless we wake up and smell the coffee.

      1. Hey Liberty, Colorado PERA pensioners are wide awake after the ACTUAL theft of their property by the Colorado Legislature.  Note, that the Legislature assumes that its pensioners contracts are inferior to the state's corporate contracts.  Where does that come from?  Why should that be assumed?  Why should the Legislature target only one set of contracts?  Corporations, through ALEC, have set their sights on public DB plans in the US.  Underfund them, claim they are in "crisis," break the contracts, repeat . . .

    2. I do not disagree that Judge Boatright was an excellent trial court judge.  The other two finalists for the Supreme Court vacancy last year (both Democrats) were also first-rate, however.  For example, Patrick O'Rourke is one of the finest legal writers and thinkers in Colorado.  He would have made an excellent Justice.  This was not a situation in which one candidate was significantly better qualified than the other two finalists.

      The selection of a Justice to the Supreme Court is an inherently political process.   Many believe the Governor purposefully selected the one Republican finalist to shore up his support among the business community.  Furthermore, the Colorado Supreme Court is not "stacked with members of the same political party."  Rather, it is closely divided between judicial progressives and judicial conservatives.

      The Governor selected a Justice who has tipped the Court to the right, not just in cases such as Lobato but also in rulings on key Constitutional issues.

      1. As I say ColoDem you and I are on the same page.  Hinkenlooper has me worried on many different issues. The Colorado Supreme Court being the first one that sealed it for me.  Hinkenlooper the funny guy is not so funny.  He is in bed with corporations.  I wish the Republicans weren't so far out of touch with reality. 

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