The Colorado Supreme Court today reinstated Amendment 41, the controversial measure that limits and bans gifts to government officials.

The court ruling reversed a Denver District Court preliminary injunction which stopped the ban from being implemented.

"Amendment 41 is back in effect," said Nate Strauch, spokesman for Colorado Attorney General John Suthers.

The court ruled the challenge by a group of public officials was premature because the ethics commission meant to enforce the amendment was never put in place.

Strauch said only four of the five commission members have been selected so far.

When the commission is completed, it will start promulgating rules to enforce the amendment and hear cases, he said.

Then, the plaintiffs could file a new lawsuit if they felt the amendment caused them harm, he said...

What many of 41's opponents fear most is the Ethics Commission prescribed by the law being successfully established, since it is likely to shake out the more alarmist hypothetical cases posed by 41's detractors as baseless and establish operating procedures that administer the law fairly. What the Supremes said essentially is that commission has to be established now, and a actual sanction made before the case is "ripe" to be adjudicated. Amendment 41's defenders at Colorado Common "Curse" Cause insist that the commission will demystify the "scare tactics" used by opponents and show that Amendment 41 can work constitutionally, dramatically changing the discussion.

What, you mean the sky won't fall after all? You mean all that nonsense about kids denied scholarships...is going to be proven just that? That the will of an overwhelming majority of Colorado voters...might actually be followed?

Be still my heart.

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