this post was submitted on 19 Dec 2023
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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]

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[–] [email protected] 11 points 9 months ago (3 children)

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.

[–] [email protected] 14 points 9 months ago (1 children)

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.

[–] [email protected] 4 points 9 months ago* (last edited 9 months ago) (3 children)

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.

[–] [email protected] 9 points 9 months ago

That "we" is doing a lot of work.

[–] [email protected] 6 points 9 months ago (1 children)

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.

[–] [email protected] 1 points 9 months ago

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

[–] [email protected] 6 points 9 months ago (1 children)

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.

[–] [email protected] 5 points 9 months ago

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.

[–] [email protected] 4 points 9 months ago

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.