The Colorado Supreme Court and the CU gun ban

The Colorado Court of Appeals overturned the University of Colorado's gun ban on campus. (Special shout out to my friend Jim Manley, the lawyer who argued the case on behalf of the good side.)

This is a triumph for freedom.

But the Colorado Supreme Court may undo the victory. No appeal by the university has yet been taken, but it is certainly a real possibility. Given the progressive, anti-constitutional make-up of the Colorado Supreme Court (see Clear the Bench Colorado), one might think a reversal of the Court of Appeal's ruling - and a reinstatement of the gun ban - would be very likely.

The Colorado Supreme Court, however, understands politics. Four of the worst offenders of legislating from the bench are up for retention election in 2010. Clear the Bench Colorado is an organized effort to educate voters that these justices can, and should, be removed from office. The movement is picking up steam.

If an appeal is taken, and the Supreme Court overturns the Court of Appeals' decision before the November election, opposition will undoubtedly galvanize at the right time. Reinstating a gun ban before the election would greatly reduce the chances of retention.

The Supreme Court will not, for that reason, announce such a decision at such an inopportune time. However, if it wanted to take some of the steam out of the Clear the Bench movement, might they affirm the Court of Appeals' decision just before the November election?

Are they that politically motivated? They might be. If they get past 2010, then they are not up for another retention vote until 2020.

Keep an eye out on this one...