Herb Fenster is badass and a Republican. Yes, the two are actually compatible.
According the Denver Post, the Boulder attorney has Douglas Bruceâ€™s Taxpayers Bill of Rights in his sights and if anyone can take it down, itâ€™s Fenster.
If the name sounds familiar, itâ€™s because the guy is something of a national law powerhouse. He defended Interior Secretary Gale Norton in Indian trust litigation and put the smackdown on then-Defense Secretary Dick Cheney to the tune of about $3.9 billion over the cancellation of a multi-billion dollar contract for the A-12 stealth fighter.
And while Colorado tax law might seem a bit removed from massive military budgets, Fenster plans to use the U.S. Constitution as his ammo.
Article IV Section 4 of the document every American loves so dearly to claim supports their ideological agenda, mandates that the federal government ensure every state maintain a republican form of government with a functional legislative, executive and judicial branch.
Under TABOR, only the taxpayers have the ability to raise taxes â€“â€“Â a form of governance Fenster says is a popular democracy, not republicanism, and therefore violates constitutional law.
As weâ€™ve opined many times on this page, TABOR hurts the state, and higher education, more than it helps anything, and if Fenster is really as much of a badass as his resumÃ© indicates, the debate will be nothing if not interesting.
Keep your eyes on this one, CSU. Fenster might be just what we need to De-Bruce Colorado.