IMHO... and I'm not a lawyer and didn't sleep in a Holiday Inn last night... the Colorado thing

[WarGamer]

Wouldn't this open the door for ANY State to exclude ANYONE from a ballot just by getting a State Court to agree with it?



Tan suit? That's insurrection.

Open borders, aiding with the enemy.

People frequently forget that doors swing both ways.

For this reason... and the future chaos that would come... I think SCOTUS kills it.

And I think 9-0

I could be wrong, just my opinion.

[PlutosHeart]

1. My concern as well.

[hlthe2b]

2. If you think that would "fly," -- that the courts would allow that...

then our democracy and Constitutional Republic is already ended.

[Zeitghost]

3. Agreed

The principle of innocent until proven guilty is a cornerstone of our judicial system.

Want to keep an insurrectionist off the ballot, convict them of insurrection. Anything less is setting a dangerous precedent.

[WarGamer]

4. frikkin boom. You just said it all in 3 sentences.

[CanonRay]

5. I'll just point out that none of the Southern Congressmen

to whom this law applied were ever convicted of anything. Not even Jeff Davis was convicted.

[Zeitghost]

6. Did any of them attempt to seek office?

Did any of them attempt to seek office? And if so, were any denied based on these grounds by the Supreme Court?

[CanonRay]

8. I don't think the courts ever got involved.

[Zeitghost]

12. I believe you are correct

So I'm not quite sure what your original point was.

[Arazi]

14. Yes many former confederates served in Congress

[CanonRay]

7. Also, Arkansas just ruled that Cenk Uyger cannot be on the Dem primary ballot

because he's not a natural born citizen. What's the difference?

[Zeitghost]

10. Insurrection is a specific crime

Making a criminal conviction the legal threshold for someone being an considered an "insurrectionist".

If the 14th prohibited murderers from holding public office, a murder conviction would seem like thing to look for when determining eligibility. And under such a law, people like OJ SImpson could seek office, as much as we all know he committed a double murder.

[republianmushroom]

9. Doesn't ned to go to court.

Texas Lt. Guv Threatens to Take Biden Off State's Ballot After Colorado Ruling
Dan Patrick, the Republican lieutenant governor of Texas, threatened on Tuesday to remove President Joe Biden from his state’s ballot—seemingly as retribution for a Colorado Supreme Court ruling which booted former President Donald Trump from that state’s 2024 presidential race for engaging in an insurrection on Jan. 6.

Patrick made the comments on Fox News, justifying the potentially unprecedented action to host Laura Ingraham as a response to Biden’s border policies.

The only thing stopping him, he said, was that people in Texas “believe in democracy.”

“Seeing what happened in Colorado makes me think—except we believe in democracy in Texas—maybe we should take Joe Biden off the ballot in Texas for allowing eight million people to cross the border since he’s been president disrupting our state,” Patrick said.

His comments come just hours after the Colorado Supreme Court ruled to dump Trump from the state’s 2024 presidential ballot because of his involvement in the Jan. 6 riot—which amounts to participation in an insurrection, an action that would make him ineligible to be president.

https://www.thedailybeast.com/texas-lt-guv-threatens-to-take-biden-off-states-ballot-after-colorado-ruling

https://www.democraticunderground.com/100218540679

[hlthe2b]

11. But, it WOULD go to court if he does this and a near immediate order would follow reversing.

Yes, the conservative SCOTUS sucks, especially Alito and Thomas. But they have upheld the constitution multiple times against Trump's repeated attempts to reverse the last election...

[Silent Type]

13. While using 14th Amendment is a stunt, if it keeps trump off ballot I'll accept the gift horse.

Normally I too think SCOTUS would kill it. But even Thomas’ buddy, Harlan Crow, opposes trump now.

[LetMyPeopleVote]

15. Yes, it is clear that you are NOT a member of the bar

Section 3 of the 14th Amendment is limited to specified acts and so wearing a tan suit or not supporting specific policies would not fit the definition of the acts covered. While Texas Lt. Governor Dan Patrick is making noise about excluding Biden from the Texas ballot, Patrick is an idiot who is not a lawyer. If Patrick tried this stunt in Texas, he would lose in court in record time. It is not that easy to exclude someone from the ballot. Cenk was just excluded from the Arkansas ballot but is still on the Texas ballot and it is clear that Cenk is not eligible to be POTUS because he is NOT a native-born citizen. Eugene Debs ran for POTUS a couple of times from prison. Lyndon LaRouche was in prison one of the times when he ran. https://www.washingtonpost.com/archive/sports/1991/12/19/larouche-the-jailhouse-candidate/8773b93a-8d01-4ae3-8c1b-cb8c2301ce64/

The only presidential candidate running his campaign from behind bars is political maverick Lyndon H. LaRouche Jr. And it looks like U.S. taxpayers may help him finance that campaign.

LaRouche is one of nine Democratic candidates who have applied for federal funds to match the campaign contributions they have raised. To qualify, a candidate must raise at least $100,000 from contributors in at least 20 states. Thanks to his minions hustling money in airports across the country, LaRouche will easily meet the requirements.

That means he could be taking money from the government that he claims conspired to throw him in jail. (His campaign posters say, "Lyndon LaRouche for President, the Only Opponent George Bush Feared Enough to Put in Prison.&quot

A LaRouchie ran for Congress in my neck of the woods in a non-competitive seat and the Party had to deal with these idiots. I remember the LaRouchies trying to sneak into the Texas State Democratic Convention and being escorted out a couple of times.

I am not too worried that GOP secretaries of state will try to exclude Joe Biden for the ballot due to this case. The party has far better lawyers compared to the idiots representing TFG in his various cases.

[sheshe2]

17. Thank you, LMPV.

I always respect your analysis on these issues. You are a lawyer a delegate and very active in the political field. Again, TY.