The Colorado Supreme Court’s use of the state constitution to derive public policy in favor of self-defense could have expansive and unforeseen consequences.
Constitutions aren’t just for constitutional law. Their very language influences broader legal, and even cultural, principles. For example, the American culture of “free speech” isn’t just the First Amendment but wider values such as academic freedom. The Constitution doesn’t directly regulate those values and yet it nevertheless inspires them.
A Colorado Supreme Court decision from last month demonstrates this dynamic in the context of private employment law — but the decision also raises grave concerns about the state high court’s misplaced priorities when engaging with the Colorado Constitution.
Moreno v. Circle K Stores primarily concerns when an at-will employee can bring a wrongful discharge claim against a private employer. The facts are simple but disputed. The plaintiff, Mary Ann Moreno, was a 72-year-old woman working at a Circle K convenience store. A man threatened her with a knife and demanded some cigarettes. After that, the parties’ accounts differ. What seems clear, however, is that she didn’t entirely comply with the assailant’s demands but also didn’t physically fight back. He eventually grabbed a pack of smokes and ran out. Circle K then fired her, claiming she violated its passive confrontation policy. She sued for wrongful discharge.
A federal district court in the case certified a question to...
As the 2026 FIFA World Cup enters its final stage, controversies from earlier rounds are still stirring up misleading claims and false images online. For example, Egypt's elimination from the tour...