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In reply to the discussion: Donald Trump is barred from Colorado's 2024 ballot, the state Supreme Court rules [View all]ancianita
(39,193 posts)115. I'm reporting
what Michael Luttig and Neal Katyal said to Nicolle Wallace about the 14th Sec 3 hitting SCOTUS. Luttig said that whatever SCOTUS ruled for CO, which he said was the perfect test case, would hold for all 50 states, no exceptions. When Katyal said he'd orally argue the case in a heartbeat, he'd love to have Luttig by his side.
The CO SC ruling pretty much explains itself:
We affirm in part and reverse in part. We hold as
follows:
The Election Code allows the Electors to challenge President Trump's
status as a qualified candidate based on Section Three.
Indeed, the
Election Code provides the Electors their only viable means of litigating
whether President Trump is disqualified from holding office under
Section Three.
Congress does not need to pass implementing legislation for Section
Three's disqualification provision to attach, and Section Three is, in that
sense, self-executing.
Judicial review of President Trump's eligibility for office under Section
Three is not precluded by the political question doctrine.
Section Three encompasses the office of the Presidency and someone
who has taken an oath as President. On this point, the district court
committed reversible error.
The district court did not abuse its discretion in admitting portions of
Congress's January 6 Report into evidence at trial.
The district court did not err in concluding that the events at the U.S.
Capitol on January 6, 2021, constituted an "insurrection.
The district court did not err in concluding that President Trump
"engaged in" that insurrection through his personal actions.
President Trump's speech inciting the crowd that breached the U.S.
Capitol on January 6, 2021, was not protected by the First Amendment.
15
The sum of these parts is this: President Trump is disqualified from holding
the office of President under Section Three; because he is disqualified, it would be
a wrongful act under the Election Code for the Secretary to list him as a candidate
on the presidential primary ballot.
follows:
The Election Code allows the Electors to challenge President Trump's
status as a qualified candidate based on Section Three.
Indeed, the
Election Code provides the Electors their only viable means of litigating
whether President Trump is disqualified from holding office under
Section Three.
Congress does not need to pass implementing legislation for Section
Three's disqualification provision to attach, and Section Three is, in that
sense, self-executing.
Judicial review of President Trump's eligibility for office under Section
Three is not precluded by the political question doctrine.
Section Three encompasses the office of the Presidency and someone
who has taken an oath as President. On this point, the district court
committed reversible error.
The district court did not abuse its discretion in admitting portions of
Congress's January 6 Report into evidence at trial.
The district court did not err in concluding that the events at the U.S.
Capitol on January 6, 2021, constituted an "insurrection.
The district court did not err in concluding that President Trump
"engaged in" that insurrection through his personal actions.
President Trump's speech inciting the crowd that breached the U.S.
Capitol on January 6, 2021, was not protected by the First Amendment.
15
The sum of these parts is this: President Trump is disqualified from holding
the office of President under Section Three; because he is disqualified, it would be
a wrongful act under the Election Code for the Secretary to list him as a candidate
on the presidential primary ballot.
Here is its background on the FACTS, which made the ruling a "factual finding," according to Glenn Kirschner, which means that any Appellate agrees with state level factual findings, and so two courts will be in agreement on this ruling when it gets to SCOTUS:
I. Background
48
On November 8, 2016, President Trump was elected as the forty-fifth
President of the United States. He served in that role for four years.
49
On November 7, 2020, Joseph R. Biden, Jr., was elected as the forty-sixth
President of the United States. President Trump refused to accept the results, but
President Biden now occupies the office of the President.
910
On December 14, 2020, the Electoral College officially confirmed the results:
306 electoral votes for President Biden; 232 for President Trump. President Trump
continued to challenge the outcome, both in the courts and in the media.
411
On January 6, 2021, pursuant to the Twelfth Amendment, U.S. Const.
amend. XII, and the Electoral Count Act, 3 U.S.C. $ 15, Congress convened a joint
session to certify the Electoral College votes. President Trump held a rally that
morning at the Ellipse in Washington, D.C. at which he, along with several others,
P 10
spoke to the attendees. In his speech, which began around noon, President Trump
persisted in rejecting the election results, telling his supporters that "[we won in
a landslide" and "we will never concede." He urged his supporters to
"confront
this egregious assault on our democracy";
"walk down to the Capitol ... [and]
show strength"; and that if they did not "fight like hell, [they would] not have
a country anymore."
Before his speech ended, portions of the crowd began
moving toward the Capitol. Below, we discuss additional facts regarding the
events of January 6, as relevant to the legal issues before us.
112
Just before 4 a.m. the next morning, January 7, 2021, Vice President Michael
R. Pence certified the electoral votes, officially confirming President Biden as
President-elect of the United States.
{13
President Trump now seeks the Colorado Republican Party's 2024 presidential nomination.
New Mexico made a similar ruling re Couy Griffith, and now comes Colorado with the statement of the actual facts. Trump took an oath, then in sending the crowd to stop Pence and the electoral count, fomented a rebellion/insurrection.
https://www.nytimes.com/interactive/2023/12/19/us/politics/colorado-supreme-court-decision.html
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Donald Trump is barred from Colorado's 2024 ballot, the state Supreme Court rules [View all]
LetMyPeopleVote
Dec 2023
OP
The Colorado Supreme Court holds that Trump is disqualified from holding the presidency.
LetMyPeopleVote
Dec 2023
#2
A remarkably detailed and well reasoned decision. A tad tedious but well reasoned.
TomSlick
Dec 2023
#38
But what happens if other states join in? They are going to block all of them?
Maraya1969
Dec 2023
#93
Yeah, but the 14th doesn't require conviction; it just says "engaged in insurrection or rebellion"
William Seger
Dec 2023
#92
In George Washington's day, Trump would already have been taken out and executed.
Lonestarblue
Dec 2023
#114
BREAKING: by 4-3 vote, Colorado Supreme Court bars Trump from primary ballot
LetMyPeopleVote
Dec 2023
#6
After all the blowback for recent decisions, the Federalist Society Six must have stomach ulcers by now.
sop
Dec 2023
#111
Colorado Supreme Court rules Trump disqualified from holding presidency
LetMyPeopleVote
Dec 2023
#10
So proud of my state. NOW, plenty of others, BE SO BOLD as to follow suit!!!!
RobertDevereaux
Dec 2023
#11
Au contraire! The federalistsocieters-funded-by-the-kochs will agree with CO.
Justice matters.
Dec 2023
#101
His name won't appear on the ballot, but it can still be written in. {edited}
mahatmakanejeeves
Dec 2023
#25
Write-in votes for him won't be counted - stated explicitly in the opinion
Prairie Gates
Dec 2023
#70
Cue the whine fest on Faux state television tonight. I'd never know cuz I never watch the motherfuckers.
Comfortably_Numb
Dec 2023
#30
It's not necessary to be on the ballot for a state's primary to be on that state's general election ballot.
24601
Dec 2023
#121
Colorado Supreme Court kicks Trump off the state's 2024 ballot for violating the U.S. Constitution
LetMyPeopleVote
Dec 2023
#34
my bet is that SCOTUS will allow him on the ballot with a concurring majority of all kinds of opinions
prodigitalson
Dec 2023
#43
Without requiring a conviction by a jury, a judge's opinion can be based on anything.
Fiendish Thingy
Dec 2023
#74
Reality, due process and precedent say that a conviction *is* required.
Fiendish Thingy
Dec 2023
#84
So, your'e okay with a few witnesses testifying against you, then you're sentenced to prison?
SlimJimmy
Dec 2023
#133
SCOTUS?? Wait a minuite- What about hair on fire whirling maggots shrieking States Rights States Rights States Rights
NBachers
Dec 2023
#58