BREAKING: Tenth Circuit finds Guarantee Clause claim justiciable

I previous blogged thoughts, and more thoughts, on a Guarantee Clause case before the Tenth Circuit. In Kerr v. Hickenlooper, the question presented is whether a taxpayer bill of rights, where tax increases must be approved by the voters, violates the Guarantee Clause.

The Tenth Circuit issued its opinion today, finding the case is justiciable. The PDF of the opinion is here. It concludes that there is not a "textually demonstrable constitutional commitment of the issue to a coordinate political department," because it does not mention a branch of the federal government; and it concludes that there are not a "lack of judicially discoverable and manageable standards," because, citing District of Columbia v. Heller, even longstanding disputes left unresolved by the judiciary may one day be resolved. It found that the other Baker v. Carr factors did not apply.