KERR v. POLIS

No. 17-1192.

20 F.4th 686 (2021)

Andy KERR, Colorado State Representative; Norma V. Anderson; Jane M. Barnes, member Jefferson County Board of Education; Elaine Gantz Berman, member State Board of Education; Alexander E. Bracken; William K. Bregar, member Pueblo District 70 Board of Education; Bob Briggs, Westminster City Councilman; Bruce W. Broderius, member Weld County District 6 Board of Education; Trudy B. Brown; John C. Buechner, Ph.D., Lafayette City Councilman; Stephen A. Burkholder; Richard L. Byyny, M.D.; Lois Court, Colorado State Representative; Theresa L. Crater; Robin CrossaN, member Steamboat Springs RE-2 Board of Education; Richard E. Ferdinandsen; Stephanie Garcia, member Pueblo City Board of Education; Kristi Hargrove; Dickey Lee Hullinghorst, Colorado State Representative; Nancy Jackson, Arapahoe County Commissioner; Claire Levy, Colorado State Representative; Margaret Markert, Aurora City Councilwoman, aka Molly Markert; Megan J. Masten; Michael Merrifield; Marcella L. Morrison, aka Marcy L. Morrison; John P. Morse, Colorado State Senator; Pat Noonan; Ben Pearlman, Boulder County Commissioner; Wallace Pulliam; Frank Weddig, Arapahoe County Commissioner; Paul Weissmann; Joseph W. White; Cheyenne Wells RE-5 School District Board of Education; Susan Lontine; Denver County Public Schools Board of Education; K. C. Becker; Board of County Commissioners of Boulder County; Boulder Valley School District RE-2 Board of Education; Gunnison County Metropolitan Recreation District; Leslie Herod; Pueblo City District 60 Board of Education; Christopher J. Hansen; Gunnison Watershed RE-IJ School District Board of Education; Colorado Springs District 11 Board of Education; Poudre School District Board of Education; Pueblo County School District 70 Board of Education; William G. Kaufman, Plaintiffs-Appellants, v. Jared POLIS, Governor of Colorado in his official capacity, Defendant-Appellee. Colorado Association of School Executives; Colorado Association of School Boards; The Colorado Union of Taxpayers Foundation; Mountain States Legal Foundation, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED December 13, 2021.


Attorney(s) appearing for the Case

Sarah M. Mercer ( David E. Skaggs , Dentons US LLP, Denver Colorado, Mark P. Johnson , Dentons US LLP, Kansas City, Missouri, Herebert L. Fenster , Covington & Burling, Washington, D.C., Michael F. Feeley , Carrie E. Johnson , and John A. Herrick , Brownstein Hyatt Farber Schreck LLP, Denver Colorado, with her on the supplemental brief), Brownstein Hyatt Farber Schreck LLP, Denver, Colorado, for Appellants.

Michael Kotlarczyk , Assistant Attorney General ( Philip J. Weiser , Attorney General, Eric R. Olson , Solicitor General, Megan Paris Rundlet , Assistant Solicitor General, Stephanie Lindquist Scoville and Kathleen Spalding , Senior Assistant Attorneys General, Melody Joy Fields and Shelby A. Krantz , Assistant Attorney General Fellows, with him on the supplemental briefs), Colorado Department of Law, Denver, Colorado, for Appellee.

Before TYMKOVICH, Chief Judge, BRISCOE, HARTZ, HOLMES, BACHARACH, PHILLIPS, McHUGH, MORITZ, and EID, Circuit Judges.


Popular knowledge about the American legal system is that everyone can have his or her day in court. But a decade after various Plaintiffs challenged Colorado's Taxpayer's Bill of Rights (TABOR), we have yet to determine who, if anyone, can have that...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases