this post was submitted on 08 Feb 2024
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[–] themeatbridge@lemmy.world 26 points 9 months ago (4 children)

It sounds to me like they are going to weasel out of it by saying the Colorado Supreme Court doesn't have the authority to make that decision for everyone.

Which they didn't.

The Colorado Supreme Court ruled that Trump is disqualified and cannot appear on the Colorado ballots. The Colorado Supreme Court does have that authority, because the Colorado state legislature gave it to them and nothing in federal law says they don't. Colorado had previously disqualified another candidate, and the judge who determined they could was Neil Gorsuch.

There is no question as to whether the President is an officer of the United States. There is no question as to whether his oath to uphold and defend the constitution is also an oath to support the constitution. There is no question as to whether the actions on January 6th were an insurrection, as several participants have already been convicted of seditious conspiracy. There is no question as to whether Trump supported them, because he live tweeted his support to the world in real time. There is no question as to whether Trump needs to be convicted, because the amendment never mentions conviction, and none of the other people previously disqualified under this amendment from office were convicted of anything.

None of these arguments holds even the faintest hint of water. They are bad faith arguments made by political hacks with a predetermined agenda to support Trump. The court is illegitimate, and we have no functional justice system.

[–] oxjox@lemmy.ml 2 points 9 months ago (2 children)

Colorado had previously disqualified another candidate.

Who was the other candidate? My understanding is that this case is unique in that it pertains to the President. The President is the only official elected by all Americans so this is what separates them from other officials, congressional candidates, presidential electors, etc. If someone is running for president, they should be accessible to vote for by all Americans.

If someone is illegible for President, is it proper for individual states to make the determination to keep them off the ballot? Or should it be a decision made by congress, SCOTUS, the presidential electors, or the political party? This part isn't mentioned in the constitution. And uhhh, as we know, the constitution says whatever isn't in the constitution is left to the states. Still, that's a tricky corner to be stuck in when you're talking about 50 states voting for President.

[–] themeatbridge@lemmy.world 6 points 9 months ago* (last edited 9 months ago) (1 children)

It was indeed a presidential candidate. Hassan v Colorado, 2012.

... as the magistrate judge’s opinion makes clear and we expressly reaffirm here, a state’s legitimate interest in protecting the integrity and practical functioning of the political process permits it to exclude from the ballot candidates who are constitutionally prohibited from assuming office. See generally Munro v. Socialist Workers Party, 479 U.S. 189, 193-95 (1986); Bullock v. Carter, 405 U.S. 134, 145 (1972).

Also, you've got a typo. Ineligible. Illegible means something written so poorly that it cannot be understood.

[–] deksesuma@lemmy.world 2 points 9 months ago

To be fair, Donald Trump transcripts are also illegible

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