On June 15 Attorneys for the Plaintiffs in Gary R. Justus et al v. State of Colorado et al filed the final Reply Brief with the Colorado Court of Appeals. It will be considered by a three judge panel. This may take most of the summer, we anticipate. The brief very directly raises and addresses the essential question of ‘how can a government fairly impair a contract to which it is a party?’
“The fact that the contractual obligations of the government, rather than a private party, are at issue is significant. The Supreme Court has noted that under the federal Contracts Clause “impairments of a state’s own would face more stringent examination … than would laws regulating contractual relationships between private parties,” citing Allied Structural Steel Co.v. Spannaus, 438 U.S. 234, 244 n.15, 98 S.Ct. 2716, 57 L.Ed.2d 727(1978). (Page 11 of brief)
This is interesting reading and should serve to reinforce the validity of our case in anyone’s mind. View it here: 2012-06-15 Appellants’ Reply Brief
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