Case to overturn TABOR begins

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DENVER -- A lawsuit that seeks to overturn the Colorado's "Taxpayers' Bill of Rights", or "TABOR", gets underway Wednesday afternoon in federal court.

Just two days after TABOR's author, the irascible Douglas Bruce, was sentenced to 90 days in jail and six years probation for tax evasion, a group of plaintiff's will seek to dismantle his legacy, which has prevented lawmakers from raising taxes without a vote of the people since it was approved by voters in 1992.

The lawsuit was filed by a group of 34 current and former lawmakers, who are arguing that TABOR violates the U.S. Constitution's mandate that all states have a Republican form of government — one where elected officials govern — rather than a direct democracy where citizens do.

The state is looking to have the suit dismissed.

The six attorneys working on behalf of the plaintiffs -- Lino Lipinsky de Orlov, Herb Fenster, David Skaggs, Mike Feeley, John Herrick and Emily Droll -- are all working on a pro-bono basis.