I believe fundamentally that judges have way too much power. I question at all times whenever they exercise power that is not evidently given them by our laws. Is this state judge exercising power reserved to him by the Constitution of the State of Colorado to rule on Constitutional matters? Maybe, but perhaps it is not really his to exercise, and is deeming he has the power.
I am one who believes our Founders never meant that the Judicial was ever meant to be the ultimate arbitror of the fundamental law of this country, the Constitution.
A Supreme Court solely placed this in its own hands in the landmark Marbury vs Madison. I can find no record any other branch has formally endorsed this interpretation. Perhaps they have, but that is not Constitutional either.
A Supreme Court that is the ultimate authority on what the Constitution says can over-ride any decision made, including those against it. It is omnipotent and untouchable.
And now we have lesser federal judges who deem themselves also with the power to rule on constitutional matters. Something not at all provided for in that same Constitution, as even M vs M ruled that only the Supreme Court can interpret Constitution matters.
Is this the same framework within the state of Colorado?
This is an unusual case, in which the legislature is not following the Constitution of the State.
Let me ask you, what authority would you seek? How would you handle this?
(Keep in mind they are rushing past this huge bill to get to one which will predictably cost the State 230,000 job and billions in revenue. )
Injunctive relief, short of harsh action by the citizens is the only option (unless the Governor intervenes).
Two options are potentially violent. One is not.
The court has ruled that the Legislature has to follow the Constitution. I'd find that refreshing, in this day and age, rather than have a fit about it.
I generally agree courts have too much power, that they have usurped the functions of other branches of government, but the court in this case is not legislating, they are ruling that the legislature is not performing in accord with the law (the State Constitution), which courts do, as a matter of course--rule on whether or not someone or something broke the law.
I would say they are well within their purview in this instance.