Injunction and the Department of Health

Yesterday an injunction was granted against the Department of Health for adopting the Clendenin definition of primary caregiver without public input. That input is currently scheduled for mid-December.

However, it is important to remember that the judicial branch of government is responsible for constitutional interpretation and that Amend. 20 is a constitutional amendment. As such, it is the appellate courts that ultimately will decide the constitutional definition of “primary caregiver,” not the Department of Health.

Accordingly, I continue to believe that, unless the Colorado Supreme Court says otherwise, the Clendenin definition should be considered “the law” and you should all continue to roll out additional caregiving services immediately. Don’t be a test case for the next wave of judicial decisions. Remember, all such decisions are made in the context of your criminal case!