Michael G the supremes could rule that it’s a states right to decide. It’s been mentioned on Xwitter that Colorado SC sighted a ruling of some sort that Gorsuch ruling that elections are state rights. 🤷♀️
My answer is that I think by the letter of the law he should be disqualified, but politically it is much better if he is defeated by the voters. I am certain that SCOTUS will not disqualify him.
David, I thought the states had autonomy to some degree in terms of their electoral process. Does that not apply to this situation? PS I'm so thankful that you are on this side of the fight and it gives me great hope!
This situation involves the interpretation of the US Constitution as well as Colorado election law. As such, SCOTUS would have jurisdiction to deal with the issues involving the US Constitution. Trump might want to let this Colorado decision stand; if it goes to SCOTUS and SCOTUS decides against him, game over. Trump lost Colorado by a lot in 2020, and would not expect to win it in 2024.
The SC will apply some pretzel logic to avoid disqualification. There’ll be a few written opinions, including one from Thomas explaining how Colorado got it all wrong.
So many thoughts, so much potential to clean up the GOP corruption once and for all.
1) I think SCOTUS needs to put on their big girl pants and realize they must rule on this so he can be disqualified in all 50 states. Would we put AOC on the ballot with the caveat "Technically she's not old enough, but you decide?" Hardly.
2) IF Trump were to be disqualified by all 50 states, that opens the door for Biden to step aside or at least invite primary challengers - although at this late stage, anyone entering the race this late will be at a structural disadvantage. Disclaimer: I'm not one of THOSE Dems who wants Biden to step down, I'm just saying this could solve that issue.
3) Now it gets real fun - getting rid of Jim Jordan, MTG, Paul Gosar, Andy Biggs, Scott Perry, John Hawley, Ted Cruz, Mike Johnson, etc etc etc
4) But wait! There's more! Then you can go after all of the GOP Secretaries of State and Attorneys General and the election officials that signed on to lawsuits or amici briefs or otherwise tried to overturn the election.
At one point I thought it would preclude the Q-Amon Shaman from running for Congress, but he hadn't sworn an oath and wasn't an office holder, so I guess whether or not he gets elected is still up to the voters in his district.
So you can see why a very conservative SCOTUS is going to be very reluctant to take on this case. Especially since the CO Supreme Court has essentially called their bluff on originalism. I'd love to see them to the right thing and uphold CO's ruling, but I don't think 6 of them have it in them.
And then there is whether or not Thomas recuses himself based on Ginny's activities with Jan 6th. I have to think if he did, he's essentially admitting she's guilty of insurrection as well.
I expect that the right wingers who get their shorts in a knot about "Feds can't tell States how to run their elections" will also have their shorts in a knot about ... a state deciding how to run it's election.
Thanks for the insight! I figured Colorado wouldn't factor in to electoral success but obviously the outside implications are tremendous. David's new post explains implications regarding all the other offices such as attorneys general and Congress people involved in the insurrection
But that could lead to chaos -for example, Red states banning Biden from being on the ballot because the House is investigating him. It seems that the election is a Federal, not a state, event so SCOTUS must decide for all states, not each individual one.
But that is only a technicality to the Republicans. Trump is already saying Biden is the insurrectionist and it is only a matter of time before the rest of the Magats to support him and trump up the charge. Never underestimate their evil.
Agreed. If there's anything the GOP has demonstrated over the past 10 years, it's that they do almost nothing in good faith. A few isolated actors, yes, but the vast majority do not.
I can always count on you to sort things out for me. Thank you again, David. Glad to hear the sensible readers prevail.
Michael G the supremes could rule that it’s a states right to decide. It’s been mentioned on Xwitter that Colorado SC sighted a ruling of some sort that Gorsuch ruling that elections are state rights. 🤷♀️
My answer is that I think by the letter of the law he should be disqualified, but politically it is much better if he is defeated by the voters. I am certain that SCOTUS will not disqualify him.
Fair
David, I thought the states had autonomy to some degree in terms of their electoral process. Does that not apply to this situation? PS I'm so thankful that you are on this side of the fight and it gives me great hope!
This situation involves the interpretation of the US Constitution as well as Colorado election law. As such, SCOTUS would have jurisdiction to deal with the issues involving the US Constitution. Trump might want to let this Colorado decision stand; if it goes to SCOTUS and SCOTUS decides against him, game over. Trump lost Colorado by a lot in 2020, and would not expect to win it in 2024.
The SC will apply some pretzel logic to avoid disqualification. There’ll be a few written opinions, including one from Thomas explaining how Colorado got it all wrong.
Agree
So many thoughts, so much potential to clean up the GOP corruption once and for all.
1) I think SCOTUS needs to put on their big girl pants and realize they must rule on this so he can be disqualified in all 50 states. Would we put AOC on the ballot with the caveat "Technically she's not old enough, but you decide?" Hardly.
2) IF Trump were to be disqualified by all 50 states, that opens the door for Biden to step aside or at least invite primary challengers - although at this late stage, anyone entering the race this late will be at a structural disadvantage. Disclaimer: I'm not one of THOSE Dems who wants Biden to step down, I'm just saying this could solve that issue.
3) Now it gets real fun - getting rid of Jim Jordan, MTG, Paul Gosar, Andy Biggs, Scott Perry, John Hawley, Ted Cruz, Mike Johnson, etc etc etc
4) But wait! There's more! Then you can go after all of the GOP Secretaries of State and Attorneys General and the election officials that signed on to lawsuits or amici briefs or otherwise tried to overturn the election.
At one point I thought it would preclude the Q-Amon Shaman from running for Congress, but he hadn't sworn an oath and wasn't an office holder, so I guess whether or not he gets elected is still up to the voters in his district.
So you can see why a very conservative SCOTUS is going to be very reluctant to take on this case. Especially since the CO Supreme Court has essentially called their bluff on originalism. I'd love to see them to the right thing and uphold CO's ruling, but I don't think 6 of them have it in them.
And then there is whether or not Thomas recuses himself based on Ginny's activities with Jan 6th. I have to think if he did, he's essentially admitting she's guilty of insurrection as well.
I expect that the right wingers who get their shorts in a knot about "Feds can't tell States how to run their elections" will also have their shorts in a knot about ... a state deciding how to run it's election.
Did you, or will you, discuss the 4-3 split anywhere and what you think of the dissent?
Let's hope that other states follow Colorado
Let's hope that other states follows Colorado.
Thanks for the insight! I figured Colorado wouldn't factor in to electoral success but obviously the outside implications are tremendous. David's new post explains implications regarding all the other offices such as attorneys general and Congress people involved in the insurrection
But that could lead to chaos -for example, Red states banning Biden from being on the ballot because the House is investigating him. It seems that the election is a Federal, not a state, event so SCOTUS must decide for all states, not each individual one.
I could see the GOP TRYING to ban Biden but he hasn't been accused of insurrection and 14, section 3 deals with that specifically.
But that is only a technicality to the Republicans. Trump is already saying Biden is the insurrectionist and it is only a matter of time before the rest of the Magats to support him and trump up the charge. Never underestimate their evil.
Agreed. If there's anything the GOP has demonstrated over the past 10 years, it's that they do almost nothing in good faith. A few isolated actors, yes, but the vast majority do not.