09/02/2009 05:12 am ET | Updated May 25, 2011

Colorado Lawyer To Sue State Over TABOR

A Denver attorney described by a fellow lawyer as a "senior statesman of the Colorado bar" plans to sue the state in federal court, arguing that the Taxpayer's Bill of Rights violates the U.S. Constitution.

Herbert Fenster says the measure -- which, among other things, requires voters to approve tax increases -- has so weakened the Colorado legislature that it flouts Article IV, Section 4 of the Constitution. That provision holds that the federal government must ensure states have a "republican form of government," which Fenster said refers to representative democracy.

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