{"id":47971,"date":"2021-03-15T22:19:08","date_gmt":"2021-03-16T04:19:08","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/colorado-supreme-court-dems-speed-reading-violated-constitution\/"},"modified":"2026-03-31T03:41:00","modified_gmt":"2026-03-31T09:41:00","slug":"colorado-supreme-court-dems-speed-reading-violated-constitution","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/colorado-supreme-court-dems-speed-reading-violated-constitution\/","title":{"rendered":"Colorado Supreme Court: Dems\u2019 speed-reading violated constitution"},"content":{"rendered":"\n

\"Colorado
Colorado lawmakers meet in the state Senate on Thursday, May 28, 2020.<\/span>Jesse Paul\/The Colorado Sun<\/span><\/figcaption><\/figure>\n<\/p>

In a 4-3 decision handed down on Monday, the Colorado Supreme Court confirmed that Democrats in the state Senate violated Colorado\u2019s constitution in 2019 when they ordered bills to be speed-read by computers.<\/p>\n

The situation arose from Republicans\u2019 efforts to stall the lawmaking process in protest of Democratic policies two years ago, namely a rewrite of oil and gas regulations. GOP state lawmakers asked for bills to be read at length, specifically a noncontroversial, 2,000-page measure that gummed up policymaking for hours.<\/p>\n

Democrats responded by having multiple computers read the measure at lightning speed, which sounded like intergalactic chatter and was impossible to discern.<\/p>\n

Republicans sued, and a lower court ruled that Democrats violated the Colorado constitution\u2019s provision requiring bills to be read at length upon request, specifically Article V, Section 22. Democrats challenged the ruling to the state Supreme Court, which led to the decision released Monday.<\/p>\n

\u201cThere are unquestionably different ways by which the legislature may comply with the reading requirement,\u201d Justice Carlos Samour Jr. wrote in the court\u2019s majority opinion. \u201cBut the cacophony generated by the computers here isn\u2019t one of them. And while we have no business dictating the specifics of how the legislature might comply with the reading requirement, it is our prerogative and responsibility to declare that the legislature did not comply with that requirement in this case.\u201d<\/p>\n

Samour, who was appointed by former Gov. John Hickenlooper, a Democrat, was joined in the majority opinion by Chief Justice Brian D. Boatright, Justice Richard L. Gabriel and Justice Maria E. Berkenkotter<\/p>\n

The ruling did not prescribe, however, what the rules are exactly for reading legislation at length. For that reason, Christopher Jackson, an appellate attorney in Denver, said the decision was \u201cnarrow.\u201d<\/p>\n

Justice Monica M. M\u00e1rquez dissented, writing that the Colorado Senate didn\u2019t violate the state\u2019s constitution and that the state Supreme Court should give more direction to the legislature on how to handle the reading of legislation moving forward.<\/p>\n

\u201cBy declining to articulate what Article V, Section 22 demands, the majority (of the Colorado Supreme Court) has more or less assured that more conflict over the reading requirement will occur in the future,\u201d she wrote.<\/p>\n

M\u00e1rquez was joined in her dissent by Justices William W. Hood and Melissa Hart.<\/p>\n

The outcome of the case could embolden Republicans in the legislature to deploy the bill-read-request delay tactic more readily this year and next. Democrats control the Colorado Senate, the Colorado House and the governor\u2019s office through at least 2022, meaning the GOP\u2019s most powerful weapon at the statehouse is time.<\/p>\n

The delay tactics in 2019 appeared to be effective at times. Democrats started negotiating with Republicans to get them to stop shutting down lawmaking, and the GOP has gone on to slow down work at the Capitol on other occasions and force the majority party to the dealmaking table.<\/p>\n

Colorado Senate President Leroy Garcia, D-Pueblo, and Colorado Senate Secretary Cindi Markwell were listed as the petitioners on the case. Republicans state Sens. John Cooke, Bob Gardner and Chris Holbert were on the other side.<\/p>\n

Colorado taxpayers have been footing the legal bills for Garcia and Markwell. The case had cost more than $53,000 as of Monday. The Republicans\u2019 legal expenses were not paid by the state because they initiated the case.<\/p>\n

\u201cWe are obviously disappointed and disagree with the Supreme Court\u2019s ruling, but we certainly intend to honor it,\u201d Garcia said in a written statement. \u201cPartisan games and delay tactics frequent Washington\u2019s playbook, not Colorado\u2019s. And though we\u2019ve sadly seen our fair share of wrench-throwing, I am encouraged by how far we\u2019ve come over the last few years. Bipartisan collaboration has only gotten stronger.\u201d<\/p>\n

Sage Naumann, spokesman for Colorado Senate Republicans, said his caucus was grateful for the ruling.<\/p>\n

\u201cWe stand ready to work with the majority to establish clear, constitutional guidelines for the reading of bills on the floor moving into the future,\u201d he said in a written statement.<\/p>\n

The Colorado General Assembly did not convene on Monday because of the weekend snowstorm. Lawmakers return to the Capitol on Tuesday.<\/p>\n

Read more at The Colorado Sun<\/em><\/p>\n

The Colorado Sun is a reader-supported, nonpartisan news organization dedicated to covering Colorado issues. To learn more, go to coloradosun.com.<\/a><\/em><\/p>\n

Read more at The Colorado Sun<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

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