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Things get interesting in Colorado. Edit: And now Maine
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quote:
Colorado’s highest court Thursday knocked former President Trump off the state’s Republican primary ballot under the 14th Amendment in a 4-3 ruling, making it the first state to block him from seeking the presidency because of his role in the Jan. 6, 2021, Capitol attack.

In a major legal blow to Trump, the court affirmed he engaged in insurrection by inflaming his supporters with false claims of election fraud and directing them to the Capitol — preventing him from a second White House term under the 14th Amendment’s “insurrection clause.”

The court put its ruling on hold until Jan. 4, so Trump can first seek review from the Supreme Court. If he does, Trump’s name automatically remains on the ballot until the justices resolve the appeal.

“We do not reach these conclusions lightly,” the court wrote in a 4-3 decision. “We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”


https://thehill.com/regulation...14th-amendment-case/


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When the world wearies and society ceases to satisfy, there is always the garden - Minnie Aumônier

 
Posts: 38222 | Location: Somewhere in the middle | Registered: 19 January 2010Reply With QuoteReport This Post
"I've got morons on my team."

Mitt Romney
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The SCOTUS would have had to take a much harder look if the vote had been 7-0 or 6-1.

Without having read a single word of the majority decision, I think the SCOTUS is much freer to reverse this decision given the Colorado Court's obvious split.
 
Posts: 12759 | Location: Williamsburg, VA | Registered: 19 July 2005Reply With QuoteReport This Post
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Oops, posted before I saw this earlier thread.


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Posts: 25850 | Location: Still living at 9000 feet in the High Rockies of Colorado | Registered: 20 April 2005Reply With QuoteReport This Post
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I agree with PD. When I first saw the news story, I saw that there was a 4-3 split among all Democratic judges, and I said, uh oh.
 
Posts: 45838 | Registered: 20 April 2005Reply With QuoteReport This Post
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One man's opinion

That is too optimistic IMO.


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Several people have eaten my cooking and survived.

 
Posts: 25850 | Location: Still living at 9000 feet in the High Rockies of Colorado | Registered: 20 April 2005Reply With QuoteReport This Post
"I've got morons on my team."

Mitt Romney
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I guess the interesting issue is the reasoning of the Colorado court's dissenters. I'm hearing that much of the dissent was about Colorado law, which SCOTUS can't weigh in on.

There are surely US Constitution issues, but the SCOTUS won't be able to rely substantially on the Colorado dissenters' views of the case. They'll have to do some of their own work! Big Grin
 
Posts: 12759 | Location: Williamsburg, VA | Registered: 19 July 2005Reply With QuoteReport This Post
"I've got morons on my team."

Mitt Romney
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What are the consequences of ruling Trump off the ballot in a state he cannot win anyway?

Not perfectly clear to me.

Does Trump throw his weight behind the Kennedy creep? That might put Colorado in play, and would certainly embarrass the Dems if they have to work hard to avoid losing a state to Kennedy.

There are other states considering this option, but I think they're mostly blue.

Doing this could collapse Democratic turnout, costing the Dems dearly in down ballot races.
 
Posts: 12759 | Location: Williamsburg, VA | Registered: 19 July 2005Reply With QuoteReport This Post
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Things are about to get even more interesting. I read where various red states, Notably Texas, will be removing Joe Biden from their ballot.

I’d like to se how they justify this but I have little confidence that the current SCOTUS will object.


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Posts: 35084 | Location: Hooterville, OH | Registered: 23 April 2005Reply With QuoteReport This Post
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Remember J. Michael Luttig? He spoke at the January 6 hearing .

An interview with Politico.

quote:
‘The Opposite of Politics’: A Conservative Legal Scholar Says Kicking Trump Off the Ballot Is ‘Unassailable’


quote:
Fair enough. I’m just trying to grasp what you mean when you say “unassailable.” I mean, the Supreme Court could assail it. [original bolding, not added by me]

I understand your question, and I appreciate it. All we can do is assess ourselves the objective law — in this instance, the meaning and application of Section 3 of the 14th amendment. Now, I was a judge for many, many years, and I did exactly that on constitutional questions for 15 years — and as we discussed earlier, I’ve been studying this specific question in great detail for the past three years. So, you know, I consider myself — personally — an expert on the question.

The Colorado Supreme Court decision was over 120 pages, and I read every word of every page, and I understood every single word because I’ve studied the issue. The Colorado Supreme Court addressed every single state law question and every single federal constitutional question as to the meaning and interpretation of the 14th Amendment. I know for a fact that it resolved each and every one of those questions as required not just under state law, but, more importantly, under federal constitutional law. That’s why I said that the opinion is unassailable in every respect. It is a masterful judicial opinion, and based on the objective law of the 14th, I believe that the Supreme Court should — and I believe it will — affirm the Colorado Supreme Court if given the opportunity


https://www.politico.com/news/...dment-trump-00132792

I haven't read the Colorado ruling. And I'm not even a casual student of the Constitution, much less an expert, so I have no clue whether Luttig is right or not.


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When the world wearies and society ceases to satisfy, there is always the garden - Minnie Aumônier

 
Posts: 38222 | Location: Somewhere in the middle | Registered: 19 January 2010Reply With QuoteReport This Post
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Another interview with Luttig, this time on Colorado Public Radio:

https://www.cpr.org/2023/12/20...lenge-against-trump/


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When the world wearies and society ceases to satisfy, there is always the garden - Minnie Aumônier

 
Posts: 38222 | Location: Somewhere in the middle | Registered: 19 January 2010Reply With QuoteReport This Post
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Argh. It wasn't an insurrection. It was a riot. And reporters have shown the FBI and capitol police were complicit.
 
Posts: 25325 | Registered: 31 March 2007Reply With QuoteReport This Post
"I've got morons on my team."

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We need one of those "community notes" appendages that Twitter (oh, sorry, "X") uses when someone posts some disinformation and false garbage...
 
Posts: 12759 | Location: Williamsburg, VA | Registered: 19 July 2005Reply With QuoteReport This Post
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When Trump was impeached the second time for instigating the insurrection:

After the vote was tallied, Senate Minority Leader Mitch McConnell took to the floor to brutally slam Trump for his actions. He declared that on January 6, 2021, “American citizens attacked their own government. They used terrorism to try to stop a specific piece of democratic business they did not like.” He then made it clear that Trump was to blame: “They did this because they had been fed wild falsehoods by the most powerful man on Earth – because he was angry he’d lost an election.”


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Several people have eaten my cooking and survived.

 
Posts: 25850 | Location: Still living at 9000 feet in the High Rockies of Colorado | Registered: 20 April 2005Reply With QuoteReport This Post
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McConnell's whole speech is worth reading.

https://www.usnews.com/news/po...ment-trial-acquittal


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When the world wearies and society ceases to satisfy, there is always the garden - Minnie Aumônier

 
Posts: 38222 | Location: Somewhere in the middle | Registered: 19 January 2010Reply With QuoteReport This Post
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This is not good. At all.

quote:
Trump blocked from Maine presidential ballot in 2024

Maine's top election official has ruled that Donald Trump cannot run for president next year in the state, citing a constitutional insurrection clause.

Secretary of State Shenna Bellows said Mr Trump was not eligible because of his actions leading up to the US Capitol riot in 2021.


https://www.bbc.com/news/world-us-canada-67837639


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When the world wearies and society ceases to satisfy, there is always the garden - Minnie Aumônier

 
Posts: 38222 | Location: Somewhere in the middle | Registered: 19 January 2010Reply With QuoteReport This Post
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