General Discussion
In reply to the discussion: Judge Luttig (on MSNBC now) believes that SCOTUS will AFFIRM the Colorado SC's decision nt [View all]dpibel
(3,967 posts)You do remember, I hope, that there was an evidentiary hearing in the CO district court.
Now, you may feel that much more process was due. But that does not mean there was no due process.
Remember the arguments about the difference between procedural and substantive due process?
This is a case about qualifying for a job. Those cases are frequently handled by Administrative Law Judges with pretty perfunctory process--certainly not full-blown discovery, motions procedure, and such.
Why is everyone so convinced that being barred from running for president is equivalent to being put in prison?
Also: "Without a formal process establishing a legal finding of fact (typically a jury trial)"? As you know, judges make findings of fact all day long without a jury trial. In fact, as I'm sure you also know, a jury trial is anything but typical--it's the least likely disposition to a case of any kind. The rest of that argument is pure slippery slope, and bears as much weight as any other slippery slope argument.
I am as skeptical as you that this opinion will hold up. But I do object to your use of authoritative statements that are not, best I can determine, supported by anything other than your say-so or your tenuous arguments.