The Colorado General Assembly passed a resolution on March 14, 2020 to recess from March 14 through March 30, 2020 due to the coronavirus. Although the Legislature planned to return on March 30, 2020, the recess lasted longer. 

The General Assembly sought guidance from the Colorado Supreme Court as to whether the General Assembly could come back on March 30 and continue as if they had not missed a day of the session.

The Independence Institute was concerned that some lawmakers were seeking to turn the Colorado Legislature into a full-time legislature to pass their progressive agenda.  

Independence Institute’s Dave Kopel and Shayne Madsen filed a brief with the Colorado Supreme Court. Kopel is not only a Second Amendment expert but teaches Constitutional Law at the University of Denver and has authorized the only published book on the history of the Colorado Constitution. Kopel argued that not only the plain language of the constitution requires 120 consecutive days, but that the history of the adoption of the amendment in question demonstrated that the people of Colorado intended the Legislature to operate as a part-time citizen legislature.  

The Institute joined with all 40 Republican lawmakers, represented by former US Attorney Troy Eid, and former House Majority Leader Chris Paulson, represented by Scott Gessler.  

The Colorado Constitution requires that the regular legislative session must end by May 6, 2020. If the Legislature neglects to pass important health and safety legislation during its regular session, the Constitution provides a solution: The governor can call the Legislature into special sessions, for unlimited length, on any topic he chooses. Likewise, the General Assembly, by a 3/5 vote, can call itself into special sessions, on any topic of its choice.

The Colorado Supreme Court agreed to decide the issue; the Colorado Constitution authorizes the Court to answer important questions propounded by the General Assembly. The ruling against Independence Institute was issued April 1, 2020 (Colorado Supreme Court Case No. 20SA100). Even though Independence Institute lost, they brought to light a very slippery slope and now many eyes are watching the next move of Colorado’s progressive Legislature. It goes to show—even plain language is up for debate these days.