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.
It'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.
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.
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.
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.
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.
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?
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.
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
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.
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.
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
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.
Nothing is final until the federal supreme court weighs in or the election is final.
At this stage of the game all of the appeals in the world are in play.
ftfa
The court put its decision on hold until Jan. 4 to allow for further appeals. It also said that if the matter is pursued before the U.S. Supreme Court before that date, the pause will remain in effect during that time and Colorado will be required to include Trump’s name on the primary ballot pending action by the Supreme Court.
Article also mentions the supreme court in CO is appointed by all democrats. A big win would be a red state agreeing with this.
I’m not too sure about that. I think it’s pretty open and shut and scotus can’t do anything about it.
Case law has found time and again that states can decide their own election laws, and that the federal government cannot override that except in the most egregious cases.
But the very cases where they chose to defer were huge, election changing cases, like Bush v Gore and the VRA.
I don’t think they can even issue a stay without doing the exact same thing. The current stay is through the 4th because CO law says they have to set the ballots by Jan 5. So even issuing a stay would be the feds overstepping the bounds.
Overstepping their own bounds in fact, since people still on this court decided those cases, and Gorsuch actually ruled on this same Colorado law in favor of CO having the right to control its own ballot.
What this means is very possible sweep in CO, because if Trump isn’t on the ballot, that will hurt turnout which would flip some new areas blue. That’s the entire downticket from senators to dogcatchers.
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.
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.
It hurts republican downballot candidates tho. There's gonna be a number of Trump voters who won't show up if he's not on the ballot and they would have been straight ticket republican votes.
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 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 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.
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.