Opinion: The year of the Colorado judges also saw politicians falter and flail

The year 2023 was the year of the Colorado judge. While politicians were behaving badly, the courts demonstrated the value of having a third branch of government. They represent the good in this column’s good, bad, and ugly year in review. For fun, let’s start with the ugly. U.S. Rep. Lauren Boebert of the 3rd Congressional District got caught vaping and groping her male companion at a sold out, family musical.

That’s not the kind of press a politician who barely won her last election needed. Facing strong primary and general election opponents, Boebert decided this week to try her hand at a different race. She’s now running for the , the only Republican in the Colorado delegation with the stones to take on the election deniers.

The state GOP, broke and delusional, showed no sign of going sober this year. Instead of fundraising and recruiting credible candidates, the leadership conspired to eliminate the Republican primary, hung out with the likes of white nationalist Laura Loomer and election conspiracy theorist Kari Lake, and drunk emailed its members about groomers and voting machines.

The best of these raving communiqués came from former state legislator to protest unsubstantiated claims of “systemic fraud.” The state’s left leaning electorate had just defeated Proposition HH, the Democratic legislature’s bait and switch ballot measure to raise taxes. Apparently, some Republicans will engage in election interference even when they’ve won.

Notorious former County Clerk Tina Peters recently filed suit to prevent upcoming criminal proceedings against her for her scheming. She has already served time in monitored home detention for trying to stop authorities from accessing evidence of the crime. In 2021, Peters, her deputy clerk, and an unauthorized observer conspired to copy electronic data during an election equipment system update.

She asserts she had a First Amendment right to do so. Sorry Tina, the Constitution does not protect criminal behavior. Fortunately for Democrats, it does protect grotesquely inappropriate and offensive speech and assembly from government censure. Hours after the massacre of Israelis by Hamas militants, Colorado Representative Tim Hernandez attended a Palestinian resistance rally.

Arguing with a Jewish passerby, he refused to condemn the murder of Israeli women and children. A few months later, Hernandez’s comrade in the General Assembly, Elisabeth Epps, launched into a 45 minute tirade accusing Israel of committing genocide. Their speech is protected; their reelection is not.

The award for most laughable public statement, however, goes to the Colorado Education Association’s May resolution blaming capitalism for racism, climate change, education inequality, poverty, and the exploitation of the land and people. Perhaps they should ask the Venezuelan migrants who have fled to Denver from their socialist utopia.

Speaking of socialism, Colorado’s little experiment in socialized medicine lite, the Colorado Option, has steadily eliminated health insurance options. Several anti business bills including rent control and scheduling mandates didn’t make it the governor’s desk this year. The 2024 legislature will soon have new opportunities to roast the economy’s golden geese and limit our freedoms.

And now for the good, 2023’s worst excesses by elected politicians were successfully challenged in the courts. Several Colorado judges did their duty, namely judicial review. In the words, Chief Justice Marshall in 1803 Marbury v Madison decision, which established this important check on the power of the legislative and executive branches, “A Law repugnant to the Constitution is void” U.S.

District Court Judge Daniel Domenico defended the First Amendment rights of women, children, families, and medical and education providers in two fall decisions. He enjoined the executive from withholding Universal Preschool program funding from or penalizing the Darren Patterson Christian Academy over its policies concerning gender and sexuality.

The judge also ruled against Senate Bill 23 190 which banned medical professionals from providing women abortion pill reversal care and prevented clinics and crisis pregnancy centers from informing women about their services. The injunctions will last while the full cases are being decided. I predict the plaintiffs will prevail in defending their rights to speech and the free exercise of religion.

Lastly, the justices of the Colorado Supreme Court deserve praise for their courageous decision to uphold the Constitution’s 14th Amendment injunction against candidates who have taken an oath to the Constitution and fomented insurrection against it. I’m a plaintiff in this case that will keep former President Donald Trump off the 2024 ballot, and I’m proud Colorado’s court agreed with our legal arguments that Trump’s actions have disqualified him from office..