Attorney General Files Referendum K Lawsuit

DENVER – Colorado Attorney General John W. Suthers today filed a lawsuit in United States District Court for the District of Colorado as directed by Referendum K, passed by Colorado voters last November.

The lawsuit asserts that the federal government has neglected its responsibility under Article IV, Section 4, of the United States Constitution to protect states from invasion by securing the national borders. The suit alleges that in the aftermath of September 11, 2001, the executive and legislative branches of the federal government have acknowledged that the nation is subject to terrorist invasion, but have not taken adequate steps in response.

“As directed by the voters, my office has filed suit against the federal government for its failure to protect and secure the borders,” said Suthers. “Although similar lawsuits initiated by other states have failed, we believe 9/11 has changed the way we must look at border security and whether the federal government is meeting its constitutional obligations.”

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