Editorials: Sometimes it’s what a court doesn’t do that matters | Denver Post
Did you see the really important Supreme Court judgment handed down on June 28, 2012? No, not the U.S. Supreme Court’s 5-4 ho hum affirmation of the Affordable Care Act. I’m talking about the Colorado Supreme Court’s decision to not hear the city of Aspen appeal of the Marks v. Koch ballots-as-public-records case. If you missed it, after three years, Marilyn wins. By deciding to not hear the city’s appeal, the Colorado Supreme Court confirmed that ballots are public records. Colorado’s citizens can rightfully and independently verify their election results, and clerks, both elected and appointed, need to both keep ballots anonymous and allow for their public inspection. What a concept. Something strange happens to a lot of people once they are elected. All of the sudden their unyielding belief in fairness and equality takes a back seat to anything that might deleteriously impact their political station. So it should surprise no one that a failed candidate took a small but insidious issue to the higher ground of statewide public interest.