Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
In reply to the discussion: No way will THIS Supreme Court uphold the Colorado Supreme Court decision. I think we are deluding ourselves [View all]appleannie1
(5,089 posts)117. Roberts just might surprise everyone.
And Kavanaugh is another wild card.
Edit history
Please sign in to view edit histories.
169 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
No way will THIS Supreme Court uphold the Colorado Supreme Court decision. I think we are deluding ourselves [View all]
JohnSJ
Dec 2023
OP
You don't have confidence in these "strict constitutionalists" strictly adhering to the constitution? Hmm.
bullimiami
Dec 2023
#1
Nope, and their ruling won't even touch that because they will say he has never been found guilty of an insurrection.
JohnSJ
Dec 2023
#5
That may be, but I think that is exactly how the 6 right wing judges will rule, that he hasn't been found guilty of an
JohnSJ
Dec 2023
#17
I think that is exactly what they will rule on, due process. Trump hasn't been found guilty of an insurrection,
JohnSJ
Dec 2023
#46
Yah I read one take like that. Something about section 5 of the 14th amendment...
AnrothElf
Dec 2023
#62
I find that to be the case with many of those posting... And this is not the topic to
hlthe2b
Dec 2023
#167
I looked up the text of the 14th Amendment and it certainly does not specify conviction.
Lonestarblue
Dec 2023
#39
I also note the 14th says nothing about running or appearing on a ballot...
CaptainTruth
Dec 2023
#101
IOW an election-denying State official can make the same arbitrary judgment about Joe Biden?
brooklynite
Dec 2023
#126
Seriously! The attempt by some to turn a months-long intense review of a clear record
Prairie Gates
Dec 2023
#147
So called "strict constitutionalists" have violated that principle too often to take seriously
msfiddlestix
Dec 2023
#84
One would think so they have a powerful interest in finding him indelible, but they seem to defy that logic
msfiddlestix
Dec 2023
#169
If that was the argument, yes, but I think the SC will argue that he has not been found guilty of an insurrection, so
JohnSJ
Dec 2023
#6
I hate to say it, but I think secretly the Congressional insurrectionists will be their reason he stays on the ballot.
Emile
Dec 2023
#9
The "aid or comfort to the enemies thereof" part should disqualify the entire Republican party.
sop
Dec 2023
#55
This isn't the issue. The issue is should he be on the ballot for a crime he hasn't been found guilty of? In fact,
JohnSJ
Dec 2023
#12
YES! LOL, REMINDER: Many saying that the USSC will definitely overturn this decision
Prairie Gates
Dec 2023
#27
Maybe I worded it incorrectly. I think they will rule he is NOT immune from prosecution for a crime. In other words,
JohnSJ
Dec 2023
#14
Technically we don't know if they will accept this case, though I think they will. I think the reason why they will
JohnSJ
Dec 2023
#37
Whatever the USSC rules will apply to all 50 states. Not just CO. (Just making a note.)
ancianita
Dec 2023
#41
Yes, and that is why I think they will base their ruling on Due Process, that trump has not been found guilty of an
JohnSJ
Dec 2023
#44
You already said elsewhere that a conviction is not necessary. So did Neal Katyal. If
ancianita
Dec 2023
#49
I didn't say that, someone else did. I just think that this SC will rule on the basis of due process in regard to
JohnSJ
Dec 2023
#51
Fine. I get it. I thought it was you. But Katyal has said the same. He's the boss. About that due process,
ancianita
Dec 2023
#76
I actually hope my speculation is wrong and he is kept off the ballot, I just think the US SC will punt on this, and
JohnSJ
Dec 2023
#79
At the least he will definitely be kept on the ballot in CO, if the court doesn't hear the case.
ancianita
Dec 2023
#88
Yes, if they go by this, "not indicted" thing they will virtually make the amendment null and void
Maraya1969
Dec 2023
#111
On the other hand do we want Repub States deciding which Dem's they think are guilty also..
EX500rider
Dec 2023
#143
If you have different states supreme courts coming up with different decisions, how can they not? nt
Quixote1818
Dec 2023
#112
States run their own elections those that will allow it will those that dont wont
Fullduplexxx
Dec 2023
#114
IT HAS TO. Or else it refutes the actual black and white Constitution. It has to.
ancianita
Dec 2023
#38
I think this SC will overturn the Colorado SC ruling using that trump has not been found guilty of an insurrection.
JohnSJ
Dec 2023
#42
It CANNOT overturn the factual finding of that court's ruling. It is a factual ruling. Three reasons:
ancianita
Dec 2023
#45
Nope. Those findings of fact were not what the 3 COSC liberals based their dissent on. It was about 'sufficient'
ancianita
Dec 2023
#99
It was sufficient, and filed in a federal district court. Evidence of rebellion AGAINST THE CONSTITUTION was presented,
ancianita
Dec 2023
#123
My bad. I only got through the first 50 or so pages. I've been renovating and got distracted. Still, no excuse.
ancianita
Dec 2023
#155
Agree. They may even rule as they did for Bush vs. Gore, that the ruling should not be used as precedent
Freethinker65
Dec 2023
#40
Isn't that entirely a state issue? The Colorado SC wades into the US Constitution, Article 7 as their justification
JohnSJ
Dec 2023
#50
His charges in Georgia are very similar to an insurection except there is no violence
Maraya1969
Dec 2023
#115
Couy Griffin was never convicted of insurrection but Court removed him and he can't hold office
duhneece
Dec 2023
#59
I believe that is what the US SC will use as their reasoning to overturn the Colorado SC decision. In other words, they
JohnSJ
Dec 2023
#66
They are going to have to do some contortions to say the national gov't
Cuthbert Allgood
Dec 2023
#64
I think they will say that the State of Colorado is basing their ruling on Article 7 of the U.S. Constitution, and
JohnSJ
Dec 2023
#72
If they rule that he is immune from prosecution, then they are ruling that a President is above the law, and that
JohnSJ
Dec 2023
#68
That is a different issue. I think they will base this decision on Colorado's SC interpretation of the 14th amendment,
JohnSJ
Dec 2023
#74
Thomas should recuse himself; Roberts should uphold the the ruling. A 4-4 tie would leave the SCOCO decision intact.
LeftyLucie
Dec 2023
#75
By that logic if the Jan 6 DC trial finds him guilty, then he could be removed nationwide
JT45242
Dec 2023
#77
I think we can write off Thomas and Alito, because they are completely compromised. It will be Roberts and
JohnSJ
Dec 2023
#83
This appears to follow a certain logic, and could be convincingly argued, I think, but what do I know?
Joinfortmill
Dec 2023
#85
I agree. This will be stayed on January 4th or when he files an appeal. Read page 9 of the announcement
33taw
Dec 2023
#96
I fully believe this will be appealed and Trump will be on the ballot until the USSC makes a decision.
33taw
Dec 2023
#118
Feels a little early in the day to put on my Internet Constitution Expert cap
Sympthsical
Dec 2023
#105
Quite the opposite, SCOTUS has historically held that states have very little power over eligibility of federal
tritsofme
Dec 2023
#142
Harlan Crow, the Kochs, etc., who have turned on trump MIGHT tell Thomas, etc., to end trump's hold on GOP.
Silent Type
Dec 2023
#109
I had thought like you, but then noticed that Congress only freed Jefferson Davis from disqualification in 1978
muriel_volestrangler
Dec 2023
#122
Davis and Lee were not US citizens when they died. This bill restored their citizenship
LeftInTX
Dec 2023
#130
But the Section 3 of the 14th Amendment mentioned is the specific section under discussion for Trump
muriel_volestrangler
Dec 2023
#145
They were dead for almost 100 years. It was a goodwill gesture. Not being used to determine if they can run for office.
LeftInTX
Dec 2023
#148
section 3 of amendment XIV of the Constitution does not mention citizenship; it mentions the right to run for office
muriel_volestrangler
Dec 2023
#150
So what are the polls telling you? What the record of the last three years should tell you is TFG has not ...
marble falls
Dec 2023
#152
If the SC rules he is off the ballot in Colorado, the other states will soon follow
JohnSJ
Dec 2023
#158