The Colorado Supreme Court is removing former President Donald Trump from the primary ballot, saying he is ineligible to be president.
In a stunning and unprecedented decision, the Colorado Supreme Court removed former President Donald Trump from the state’s 2024 ballot, ruling that he isn’t an eligible presidential candidate because of the 14th Amendment’s “insurrectionist ban.”
“Even when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President (Mike) Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes.
“President Trump’s direct and express efforts, over several months, exhorting his supporters to march to the Capitol to prevent what he falsely characterized as an alleged fraud on the people of this country were indisputably overt and voluntary.”
Ratified after the Civil War, the 14th Amendment says officials who take an oath to support the Constitution are banned from future office if they “engaged in insurrection.” But the wording is vague, it doesn’t explicitly mention the presidency, and has only been applied twice since 1919.
We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits,” Trump campaign spokesperson Steven Cheung said in a statement.
Chief Justice Brian Boatright, one of the three dissenters on the seven-member court, wrote that he believes Colorado election law “was not enacted to decide whether a candidate engaged in insurrection,” and said he would have dismissed the challenge to Trump’s eligibility.
LINKS
AP: Colorado Supreme Court bans Trump from the state’s ballot under Constitution’s insurrection clause | @[email protected]
Washington Post: Donald Trump is barred from Colorado’s 2024 primary ballot, the state Supreme Court rules | @[email protected]
CNBC: Colorado Supreme Court disqualifies Trump from 2024 ballot, pauses ruling to allow appeal | @return2ozma
NBC News: Colorado Supreme Court kicks Donald Trump off the state's 2024 ballot for violating the U.S. Constitution. | 18-24-61-B-17-17-4
CNN: Colorado Supreme Court removes Trump from 2024 ballot | A Phlaming Phoenix
CNN:Colorado Supreme Court removes Trump from 2024 ballot based on 14th Amendment’s ‘insurrectionist ban’ | @Boddhisatva
New York Times: Trump Is Disqualified From the 2024 Ballot, Colorado Supreme Court Rules | @[email protected]
So this, if it stands, keeps him off the Prinary ballot.
Hypothetically does it also keep him off the ballot in the General? Or does that need a new ruling?
It will be taken all the way to the US supreme court, so we should really be tempering expectations. From everything I've learned, hypothetically, he should be off every ballot if the 14th amendment is self executing. But there are tons of different takes by different people with various roles in the political realm. Seems like some don't think it applies to a president, that he didn't aid or abet insurrection, or that the rule is not self executing and everything in between.
So tldr: it was always going to be making its way to the US supreme court. This is just a first step and a welcome one in my opinion.
Since Section 3 of the 14th Amendment is a eligibility clause, to over turn it would also overturn the age and having to be an American clause. It also overturns States Rights and Federalizes the entire nation.
My guess us the Supreme Court agrees or they defer to the Colorado Supreme Court decision.
Or they just arbitrarily say the rebellion clause doesn't apply to Trump and do what they want which is their only goal anyway.
Stop pretending the system is legitimate in any way. It is not.
Stop this. You sound like a deep state nut. You can call the scotus corrupt or even illegitimate but don't side with the authoritarians.
The system works if we make it work.
That "we" is doing a lot of work.
We are bombarded almost daily with stories about people in power skirting accountability in a way we've never been able to before. We see happening in every facet of American life, how do you expect people to honestly have any faith in the system anymore?
I understand where you're coming from, but we're far past that kind of talk sounding "crazy" anymore. It's common practice.
Transparency is good! Some of this corruption has always been happening but now it’s visible. That’s the first step in doing something
Clarence Thomas was appointed to the Supreme Court in 1991. I don’t know when his pattern of bribery and corruption started but I’m sure it has been going on for many years before being exposed to public knowledge. Now we know. Now we’re trying to hold him accountable. Now we need to figure out how to prevent it and I’d really like to see them subject to the same ethical standards as the rest of us.
The insurrection was only a few years ago, we’re only coming up on the next Presidential election. Given the pace of the law, this is about as fast as we can hope for. But this behavior is not entirely new, just more extreme. I trust the American people to look out for this in the future, to keep little Castro off the ballot, and little Peron
I don't give a fuck how I sound, it's the truth and you're going to accept it whether you like it or not.
The System Is Not Legitimate and you will not bully us into pretending it is anymore.
The Supreme Court already arbitrarily banned abortion and Clarence Thomas himself said other civil rights would be next, so go take your anti-disestablisment rhetoric and shove it. You're wrong. Period.
So then if SCOTUS doesn't take the case or if they side with the state supreme court... how about your statements above?
Might be a good opportunity to reflect on your opinions and how you share them with others.
I mean. Read your comments up there. I'd be pretty embarrassed if such confident, aggressive statements turned out to be wrong.
Will you be embarrassed if SCOTUS rules correctly? Will you even remember making those comments?
Then I would be relieved the way I was relieved they didn't side with the independent state legislature theory assholes.
And they would still never, ever have any recognition of their claims to legitimacy from me again, and I will continue to live my life disrespecting them and violating their decrees, because it's too late for them. Roe vs. Wade was the final nail in the coffin for me. And you know what reinforces that every day? Scumfucks like you.
Because it's obvious you're not looking for an honest discussion or to genuinely convince someone to have hope in earnest. You view me as an inconvenience and my strong arguments as a threat to your system's hegemony, so you're looking to discredit, bully and hurt me to try to shut me up like you always do.
Well, what are you going to do when you realize that doesn't work, and other people actually do have minds of their own? Do you have a plan B for that, while you're arrogantly assuming you can bullshit people into taking more and more abuse? You think the others here are just stupid? Will you be embarrassed or will you be counting hundos from whoever paid you off?
Stand by for a detailed response once I'm back from the scumfuck meeting where dark figures pay us to post rational comments on Lemmy.
Can't talk now. I don't want to miss the keynote speaker, George Soros.
Stay there, and don't come back.
LOL, wow.
I always know that someone has a good point when they end their statement with "period".
Yep I concur with your assessment. I think most people are imagining that the Supreme Court cares a lot more about Trump than they really do.
Yep, with their lifetime appointments to the highest court, there is no need for advancement or maintaining their position by sucking up to the guy that appointed them. Trump’s job was to get them on that court, and now that job is complete.
The safest option for Republicans politically is for them to defer and say it's a state issue. Like you point out, overturning Colorado here could inadvertently empower the Voting Rights Act.
I think it's unlikely for them to act rogue in this case, not only because they usually don't for Trump, but because of how badly they're viewed right now. They're the ones who overturned Roe, and there's very public examples of their corruption. Roberts seems cautious to push his luck.
Presumably self-execution is not that relevant here, since in every state there will be people with enough will and lawyers to take it to court?
Self-enforcing (edit: actually self-executing is the proper legal term) here means that the constitutional amendment doesn't require a separate act of Congress. The opinion addresses this and says if the 14th Amendment wasn't self enforcing (edit: executing), some absurd results would ensue. One would be slavery would still be legal.
This was rhe same argument with regard to the Fourth Amendment, that it would be absurd if it were not self executing; that every court must evaluate cases before it with regard to the Fourth Amendment, that every court must enforce an exclusionary rule, that to ban something in the Constitution is a command to all courts that they must apply the remedy: that illegally obtained evidence is inadmissible.
You cannot look at Trump's comments about the metal detectors and the "1776 Plan" and conclude that thos was anything other than a violent attempted coup.
I believe the question with self-execution is whether you have to be found guilty of some insurrection-related crime.
Like a law saying felons can't vote would require a felony conviction to trigger, while the age requirement for president is self-executing so by itself it prevents people younger than 35 from being president.
That is the best example because 14 Sec 3 is also a eligibility clause.
Such a stupid fucking take but completely plausible given the hacks for n the supreme Court. Jefferson Davis would not have been eligible to run.