One interesting take here is that the states have complete autonomy, per the constitution, to do their elections however they want. They are only required to select a candidate and send electors as a state. So that could be a great side-step, to say “the state is deciding state election policy for a state, and this is not a federal matter.”
This is honestly some of the best news I’ve heard all year. Let’s hope it sticks.
I’m still scared shitless about the prospect of him winning or being handed the presidency by GOP ghouls, but this is the most hopeful news I’ve seen in a while. Granted at this point I think any Republican candidate would be as bad or worse if they won, none of them have the hold over the base that Trump does. We’ll see if it cascades in a meaningful way but we likely won’t be out of the woods even if it does.
One down, 49 to go!
No, it’s much worse than that. With Trump off the ballot, Biden will automatically win. That’s an automatic 9 point loss for Trump and a 9 point gain for Biden, making Trump start at 18 points down. That’s a lot to make up.
CO would also largely blue from the senate on down because of a depressed turnout without Trump on the ballot.
It won’t take 50 to ensure he loses, thankfully.
Good, this shouldn’t even have been a debate. It is clear that Trump attempted a coordinated effort to stay in office. If that’s not disqualifying from president, then nothing is.
One consequence of this, even though it only applies to the primary and even if it is reversed on appeal, is to effective kill any momentum the NPVIC might have had.
It really punctuated the fact that there is no such thing as a national vote when voters from different states aren’t even presented with the same choices. With the electoral college in place, this mostly doesn’t matter, but NPVIC would encourage the most partisan states to run up the score for their guy by any means possible.
if he’s not on the ballot in CO, they also wouldn’t ratify his election… they may not seem big, but they have the Air Force Academy and NORAD i think…
How does that work, legally speaking? Have we ever had a President in the past century that had states that didn’t allow them on the ballot? Outside of having to go all the way back to like Lincoln times.
And the Stargate program
Shh! We’re not supposed to talk about that.
Err, I mean, what Stargate program?
This is a lose-lose. If this is shot down, it’s just another case presidents being above the law. If this goes through, the republican states will use it against democratic candidates.
This is a massively historical moment. But, with everything that has happened the last several years this is, quite literally, Tuesday for me.
Cool, if only the states he has a chance of winning would follow suit.
Note that this applies to the primary also, so it might damage him by encouraging his Republican challengers to stay in the race.
Nah his supporters will write him in for sure.
And that would be a literal wasted vote as it won’t count.
Win-win.
Ahh but can they spell it correctly?
Not how write ins work
Theyll spell it Drumpf and try to get the votes on a technicality
Those people just won’t turn out at all
precedent! a ruling here could be used in a non hostile state!
As much as I’d love to see other states follow, I don’t see how this would be relevant in any other state. It’s a state supreme court ruling on a issue within their own state. Any other state trying to claim precedence would be really strange
The supreme court case that follows is what they are referring to and that CAN affect other states
Except that’s my point. SCOTUS has held that up every step of the way. Even with how absolutely fucked the current court is, I honestly doubt they’re going to decide to throw state’s rights to control their elections out the window, considering they’d effectively be signing the electoral college’s death warrant
There are two issues here. I don’t think the Supreme Court can’t decide if he goes on the ballot, but they can decide if he’s eligible to become president.
States can put Trump on the ballot and send electors for him, but if the Supreme Court rules that he’s ineligible, he can no more become president than if he were a child or a foreign national.
(Caveat: IANAL)
It’s a constitutional amendment that was ruled on. The Constitution applies the same in all states. If it were just Colorado law I think it would be much harder to appeal the ruling to the US Supreme Court.
It’s been reaffirmed many, many times that states are allowed to do essentially whatever they please when it comes to how they run their own election, outside of discriminating against protected classes. Even if it were to get shot down, they could pass a law simply disallowing their electors from voting for Trump.
Man, Colorado just can’t stop winning
Thank Colorado Secretary of State Jena Griswold
Yeah, we’re pretty awesome.
Colorado is seemingly a cool state to be in. I’d really consider moving there lately.
We also just reintroduced wolves and banned grocery bags. One of the most expensive metro to live in, but you look at the states surrounding us and you get why everyone is moving here.
I’m in NY, banned grocery bags a while ago and old people constantly bitch about it still, and joke about the state taking something else mundane next.
It’s so stupid and I just roll my eyes, paper bags work just fine and its like $0.05 cents a bag at checkout. My jar of tomato sauce has shrunk by 6oz and gone up $2 but it’s plastic bags and the 5 cent paper bags that are the problem right?
Anyway I’m ranting. Enjoy not having plastic bags floating around your streets and parking lots.
It really is. They have done some good things, law wise, lately. Cost of living is insane. But it is a pretty swell place and I never want to leave.
Sweet, consequences. Cheers Colorado.
Someone in Colorado did their job.
Now let’s see how many other states follow.
So which will SCOTUS rule:
A. January 6 wasn’t really an insurrection;
B. Trump didn’t participate;
C. The 14th Amendment doesn’t really mean what the plain words of it say it means
?
My bet is C
Unlike other republicans who are at the whim of trump, the Supreme Court can’t really be touched and don’t have to bow down to him while still being shitty republicans.
I dunno. The consequence of an unfavorable ruling is that the bribes stop.
Nah that’s the thing. Trump can kick rocks and there’ll still be plenty of “donors” who just so happen to have cases coming up.
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Qualifications for being President is a constutional issue.
Disqualifiers you mean… But it’s still debatable… Especially since, as previously said, states are in charge of how they run elections.
or D, an obscure quote from the Old Testament about the power of Kings and their scepters and orbs and whatnot
Is it good enough in English? Or are we dealing with the real thing?
wouldn’t surprise me if these idiots accidentally quoted Tolkien
The 14th amendment also guarantees the right to seek medical treatment. Yet women are denied this right.
The 14th amendment does not guarantee any sort of right to any specific healthcare.
If it did, one assumes abortion proponents would have used that language in lieu of privacy as in Roe v Wade
It’s not the right to healthcare. It’s the right to seek healthcare. Ie, they can’t deprive you of life or liberty without charging you. Restricting you from seeking healthcare deprives you of both.
They used whichever they thought was more likely to get through SCOTUS.
Restricting you from seeking healthcare deprives you of both.
This does not stand up to constitutional muster, is my point. The argument is that the government has a right to prevent certain things that could be healthcare, and that does hold water constitutionally.
Like, I love your energy here but this is not the way to guarantee abortion/reproductive care access
SCOTUS refused to entertain Trump’s election lie. Don’t be so certain they will be friendly to him this time. I hate the current SCOTUS, but they can surprise you sometimes.
Thomas almost feels like he has an obligation to something other than his wallet, so he’s slowed down on the radically unpopular rulings.
Ill wait until all the
opinionsbribes are castIt’s also not like he can retaliate in any way (other than trying to provoke his supporters into acting). They are set up for life, and can continue to influence the country for years to come with or without him. They may choose to let him drown.
Sure he can, why don’t you think he can?
He’s been shown to indirectly threaten judges, juror, investigators, and witnesses. By turning the hate and violence of his supporters their way. He doesn’t have to personally do anything, there will always be a sympathizer willing to lay down their own life and well-being for his political cause, that’s how fascism works.
He very much can retaliate. And has a rich history of it at this point.
Another way that retaliations can be had is with a corrupt Supreme Court who are influenced by external parties by way of wealth or influence. In which case sources of wealth can be pulled or affected.
Good thing we don’t have any Supreme Court members on dubious grounds related to ill-gotten gains…
Exactly. They are in no way beholden to him. And even their pet issue of abortion has been taken care of, so they’ve paid their dues. Now they can do whatever they feel like.
We can definitely hope. But it’s really going to come down to how well the individuals are owned.
If this were just a panel of supreme Court justices voting along their biases, It’s anybody’s guess what they could do. But they’re not exactly impartial and lots of people have lots of dirt against them then gobs and gobs of political power.
The only certainty is that Roberts and the liberal judges would definitely not be onboard with ignoring the 14th. Kavanagh probably, Thomas all but certainly.
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or maybe that he hasnt been convicted yet of it
That would be “B” there’s a B guy here.
The Supreme Court doesn’t really have any say in how states run their elections. That’s the only wrinkle I see on this. If they tried to dictate state elections, states could just ignore it.
The question is if Trump qualifies to be president per the 14th Amendment to the US Constitution. The states don’t decide that, SCOTUS does.
The constitution is pretty clearly written on this one. Any decision otherwise than to bar Trump from running is playing fuckery politics.
You and I might find it clear, but we are not SCOTUS.
They are indeed exceptionally good at manufacturing ambiguity where none exists.
They will probably pass it back to the states. It’s not like the blue states were going to vote for Trump anyways, and the “unfairness” of it will probably boost him in purple and red states.
They will probably pass it back to the states
If you want chaos, this would be the best bet.
It’s extremely risky for him. It looks like this was brought by citizens. Citizens in purple states could also bring it and get the same result. Some might say yes, some say no, but if enough say no name on ballot, he has no path to victory.
Would the republicans implode, choose among the trash candidates they currently have in the debates, or would someone new step up?
Literally anythng that keeps him on the ballot is my guess.
Going with C. Without explicit language to the president, they will need to interpret this to mean the president included, which may be up to anyone’s interpretation.
I feel it should, however it could be argued it doesn’t.
who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof
Trump wss just committed to the continuity of government at all costs. Including the republic itself.
(That is the likely argument)
It cannot be argued in good faith. Talking about the presidency as an office has been a thing forever, and therefore the president is an officer. He’s also an officer just by the plain meaning of the word officer. I never heard one peep to the contrary until people started looking for a way for Trump to weasel his way out of the 14th amendment.
It’s all up to interpretation though, you might not see it, or you might have heard it in a way, but it can be argued. Similar to the lower court judge saying so.
Similarly one of the judge points out in the dissenting opinion there is no conviction of insurrection.
So I still think C will win, but A or B is a possibility too.
"In the absence of an insurrection-related conviction, I would hold that a request to disqualify a candidate under Section Three of the Fourteenth Amendment is not a proper cause of action under Colorado’s election code. Therefore, I would dismiss the claim at issue here”
I see it just fine. I reject it as a bad faith argument. Any judge who entertains it is showing how corrupt they are.
Pointing to a lack of a conviction, OTOH, is at least a reasonable argument not based on pretending not to understand what words mean.
Yea fair enough. Just a different set of eyes is all. Thanks for the response!
The lack of conviction is prolly the biggest hurdle here which makes me wonder who would, or even could, bring those charges (even if the lower court explicitly stated he did). Jack smith has his hands full and while interesting to follow it’s not a direct case of questioning insurrection. Curious as to where it all leads.
End of the day, it starts to ask the question, which prolly ends at the Supreme Court no matter what.
Fuck the republican traitor filth.
