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Colorado Supreme Court Nixes Negative Factor Challenge

We’ve been talking a lot about the courts lately. Between the Dougco voucher decision, the ridiculous silliness going on in Thompson, and Washington’s bizarre decision that charter schools are unconstitutional, there hasn’t been much cause for celebration. I’ll admit to feeling pretty darn frustrated with the courts. Now, many of the folks on the other side of reform aisle are also experiencing some court-driven frustration after roughly a year of waiting. Today’s 4-3 Colorado Supreme Court decision in Dwyer v. State of Colorado has cemented the legislature’s interpretation of Amendment 23 to the Colorado Constitution and the “Negative Factor” it spawned.

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