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Colorado Supreme Court disqualifies Trump from state’s 2024 ballot

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Taxing Matters

Overtaxed Member
I received that news early today through the Colorado court's attorney portal. The U.S. Supreme Court will need to act on it pretty quickly because primary season is not far away. If the Court upholds the states decision it will be interesting to see how broad or narrow the opinion. There is the possibility that the Court could say the Constitution forbids Trump from running for office at all, in which case he'd have to be pulled off all the states' ballots. In other words, his campaign might be over.
 

Litigator22

Active Member
This is a Colorado Supreme Court decision but I'm putting it here because an appeal will go to the US Supreme Court shortly.

Colorado Supreme Court disqualifies Trump from state's 2024 ballot - JURIST - News
The Colorado court's ruling of December 19 may not be of such meaningful purpose and reflect such judicial resolve as the headlines would have folks believe. More accurate would be:

"COLORADO HIGH COURT FINDS TRUMP DISQUALIFIED FROM APPEARING ON THE STATE'S PRESIDENTIAL PRIMARY BALLOT, BUT POSTPONES ANY IMPLEMENTATION OF ITS ORDER IN DEFERENCE TO THE UNITED STATE'S SUPREME COURT."

To-wit:

"We conclude that because Trump is disqualified from holding the office of President under Section 3 (14th Amen,) it would be wrongful for the Secretary of State to list Trump as a candidate on the presidential primary ballot. Therefore, the Secretary may not do so, nor may she count any write-in ballots in votes cast for him."

"But we stay our ruling until January 4, 2024 (the day before the Secretary's deadline to certify the content of the presidential primary ballot).

If review is sought in the Supreme Court before the stay expires, it shall remain in place and the Secretary will continue to be required to include Trump's name on the ballot until the receipt of an order or mandate from the Supreme Court."
 

quincy

Senior Member
More than one constitutional scholar believes that the US Supreme Court has no choice but to uphold the Colorado Supreme Court decision. I especially like how Justice Gorsuch’s arguments were used by the Court to support their decision.
 

adjusterjack

Senior Member
I wouldn’t expect a rational decision from one of the first states to legalize dope.
There's no stopping illegal drug use any more than there is stopping illegal immigration. Legalizing or decriminalizing marijuana was a wise decision because it limits illegal import and generates revenue from taxes.


I love how they just gloss over the lack of any conviction for insurrection.
The Constitution doesn't require a conviction for insurrection only that one engages in it.
 

Taxing Matters

Overtaxed Member
I wouldn’t expect a rational decision from one of the first states to legalize dope.
Your statement is the one that is not rational and is a cheap shot. You are just throwing that in hoping it might sway some people who are already against marijuana. But the facts don't support any conclusion that pot is particularly dangerous for most users. Colorado's legalization of marijuana hasn't had any drastic impact on the quality of life and the tax on the stuff brings in useful revenue. You might want to read up on the studies of the effects of marijuana. For decades people made it out as far more evil than it really is. A number of studies have concluded that driving while stoned does not cause nearly as many accidents and deaths as driving under the influence of alcohol, for example. It's still not a good idea to drive stoned, but between the two substances, studies alcohol is the greater road hazard.

Coloradoans are quite capable of making rational decisions, at least as well as any other state. But sure, jump on the weed issue to attack the Court's decision instead of, you know, actually examining the legal analysis in the opinion. For me, it's the legal analysis that matters. Whether the U.S. Supreme Court will uphold the Colorado decision is uncertain and it is that Court's opinion that will set the legal framework for how much access Trump has to be listed on ballots for this election cycle.


I love how they just gloss over the lack of any conviction for insurrection.
The Constitution does not directly state conviction is required. Thus, to reach that conclusion one must decide that the amendment nevertheless implies that's a requirement. So that's still an open issue as the courts have not yet addressed. The Colorado Supreme Court obviously didn't think that the amendment requires a conviction. Perhaps the U.S. Supreme Court will interpret it differently. But as things stand today one cannot say with certainty that a conviction is require to trigger the bar on electing those who were involved in an insurrection. There is nothing in the text itself that would appear to point either way except that there is no express requirement for it in the Constitution. For those who believe in a strict reading the Constitution as written, their conclusion should be that it is not required because there is no statement to that effect in the amendment.

Was there an insurrection? This is a pitifully desperate move by Trump opponents because of the obvious.
That is one of the issues the Supreme Court will have to decide. You are obviously a Trump supporter, and that's fine, but don't let your political passions cloud objective judgment. Trump is not God and not infallible (though some of his supporters act as though they think he is). It is not out of the realm of possibility that the events of January 6 were an insurrection and Trump was one of the instigators of it. I doubt he intended to commit a crime, indeed I don't think he gave much thought at all as to the effect his words would have. If he had, he likely could have tempered the mood of his supporters and prevent their antics at the Capitol building. But he just speaks the first thought that comes into his head. That often leads to his aides having to walk back his statements and explain that Trump didn't mean what he literally said. Some people like that he just throws out any statement that pops into his head. But for me, that's a bad quality to have in a president. Presidents need to be careful what they say otherwise unintended harmful results, like the assault on the Capitol building, may occur. God forbid that as president he blurts something out that sparks a military confrontation.
 

Taxing Matters

Overtaxed Member
That is the only way Trump would not be elected! Waiting for Biden to crash with his son!
There is almost a year left to go before the general election. A lot can happen in a year. Trump needs to pick support from some of the moderate voters in this country to win; the votes of his MAGA crew won't be enough. He might have a shot to win if he can keep his mouth shut and can avoid conviction on all the criminal cases that are taking place against him. The last presidential election showed he had lost some of his moderate voters. So far I've not seen him do much that would persuade them to come back to vote for him.
 

cbg

I'm a Northern Girl
For what it's worth, my DH (who is a political analyst by profession) believes that the Supreme Court will nullify the CO decision, by using a very narrow definition of "insurrection" and then determine that Trump's actions did not fall within that definition.

Time will tell.
 

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