Category: Court Cases – Opinions

  • Supreme Court Upholds General Assembly’s Authority as Education Policymaker

    by Julie Pelegrin

    On May 23, 2013, the Colorado Supreme Court issued its ruling in the case of State v. Lobato (Lobato II), finding that the Public School Finance Act of 1994 is constitutional. The opinion holds that the statutory school funding system is rationally related to the General Assembly’s constitutional duty to establish and maintain a “thorough and uniform” statewide system of free public education. But the opinion actually does much more. The opinion defines the phrase “thorough and uniform”, implies that the constitution does not require a minimum level of funding for education, and further clarifies school districts’ local control authority. Most importantly, Lobato II demonstrates that a majority of the Court strongly supports the separation of powers and will not interfere with the General Assembly’s plenary authority to set education policy. (more…)

  • U.S. Supreme Court Upholds Affordable Care Act–The Aftermath

    by Brita Darling

    On June 28, 2012, the United States Supreme Court ruled on objections to the Patient Protection and Affordable Care Act (ACA) in National Federation of Independent Business v. Sebelius (567 U.S. ___ (2012)), or NFIB v. Sebelius. The majority opinion upheld the ACA, including the provisions relating to the creation of health insurance exchanges and the individual mandate to obtain insurance coverage, as well as the Medicaid expansion provisions. (more…)

  • From Free Speech to Immigration to Privacy — Supreme Courts Interpret Rights of State Legislatures

    by Michael Dohr

    Are you interested in the U.S. Constitution’s limits on the General Assembly’s authority or how the Colorado Supreme Court interprets our statutes?  For the last ten years, I have presented a program that covers the previous year’s cases from the U.S. and Colorado Supreme Courts focusing mostly on those themes.  Here are some of the highlights from this year; information on the complete program is at the end of this article. (more…)