# Various states, including Colorado, determine Trump is disqualified from holding office **URL:** \ **Category:** Politics & Elections\ **Tags:** trump\ **Created:** [August 11, 2023, 4:27pm UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412 "2023-08-11T16:27:05Z")\ **Posts on this page:** 20\ **Page:** 19
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [December 20, 2023, 1:21am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/362 "2023-12-20T01:21:33Z")
IANAL, but ISTM that this is a HUGE deal if it isn’t overturned, and I doubt this SCOTUS has the courage to make big, big decisions like this unless they aid the Republican party and their priorities. ---
**Author:** ![Grrr](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grrr/32/146_2.png) [@Grrr](https://boards.straightdope.com/u/Grrr)\ **Post date:** [December 20, 2023, 1:38am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/363 "2023-12-20T01:38:43Z")
Because they are biased? Anyway, I don’t think they will overturn it with all the dictator talk. Judges don’t like that because it means less power for them. ---
**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\ **Post date:** [December 20, 2023, 1:40am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/364 "2023-12-20T01:40:37Z")
Anybody happen to catch this part of the Decision? > ¶55 As then-Judge Gorsuch recognized in Hassan, it is “a state’s legitimate interest in protecting the integrity and practical functioning of the political process” that “permits it to exclude from the ballot candidates who are constitutionally prohibited from assuming office.” 495 F. App’x at 948 Nice. Didn’t Gorsuch leave Colorado to take a job inside the Beltway, somewhere?? ---
**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\ **Post date:** [December 20, 2023, 1:41am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/365 "2023-12-20T01:41:17Z")
> [@Chronos](#): > > But any non-Trump Republican is going to have serious turnout problems. > > Biden was already likely to win Colorado, but this will surely have downballot effects. Maybe. But in a scenario where Colorado is the only Trumpless state, there would be someone’s name or names on the November GOP presidential line, and the Colorado GOP would work hard so its voters knew that those electors planned to vote for Trump. Then it would only hurt viable local GOP candidates a smidgen. From a discussion board standpoint, what would be really interesting is what happens if Trump is denied the nomination and asks his supporters to stay home. It would be the ultimate test of the turnout hypothesis beloved here, especially if Haley got the nomination. [Looks to me that she would beat Joe in a landslide,](https://s.wsj.net/public/resources/documents/WSJ_Poll_Dec_2023.pdf) blasting the turnout hypothesis to smithereens (although my last link is a cherry-pick, so no certainty). ---
**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\ **Post date:** [December 20, 2023, 1:43am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/366 "2023-12-20T01:43:40Z")
> [@iiandyiiii](#): > > I doubt this SCOTUS has the courage to make big, big decisions like this unless they aid the Republican party I get the impression that many powerful people in/behind the Republican Party would much prefer Trump gone, if they could do it without becoming pariahs to the base themselves. And that includes people on the SC, who don’t need to pander to anyone. If I were a betting man, I’d say 60-70% probability they overturn, but I don’t think it’s at all certain. ---
**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\ **Post date:** [December 20, 2023, 1:50am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/367 "2023-12-20T01:50:25Z")
I have mixed feelings about this. While I’m certainly happy to see Trump’s actions come back to bite him in the ass, I am also worried this will further erode people’s confidence in fair elections. ---
**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\ **Post date:** [December 20, 2023, 1:51am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/368 "2023-12-20T01:51:43Z")
What would have happened if the Colorado courts had dragged this out long enough that SCOTUS didn’t have enough time to do anything about it before the election? ---
**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\ **Post date:** [December 20, 2023, 1:53am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/369 "2023-12-20T01:53:31Z")
> [@Odesio](#): > > I am also worried this will further erode people’s confidence in fair elections How do consequences for attempting to _overturn_ an election erode confidence in fair elections, exactly? ---
**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\ **Post date:** [December 20, 2023, 1:58am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/370 "2023-12-20T01:58:44Z")
> [@Odesio](#): > > I have mixed feelings about this. While I’m certainly happy to see Trump’s actions come back to bite him in the ass, I am also worried this will further erode people’s confidence in fair elections. Same with me. If I was writing the constitution from scratch, I would not have any qualification for the presidency other than, maybe, the term limit. Respect the will of the voters! However, if there ever was a case where the courts should deny a likely winner a place on the presidential ballot, Trump is it. Another arena for mixed feelings: If Biden won after Trump was denied the ballot, that would really erode confidence. But if another Republican won, the disqualification would look to have been more fair. ---
**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\ **Post date:** [December 20, 2023, 1:59am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/371 "2023-12-20T01:59:51Z")
> [@Riemann](#): > > How do consequences for attempting to _overturn_ an election erode confidence in fair elections, exactly? In sane times you’d have a point, but these are hardly sane times. To low information Trump supporters this will look like the Deep States, RINOS, or whatever else they’re railing against trying to subvert the will of the people by preventing the Orange Messiah from reclaiming his rightful crown. But then these types would cry foul even if Trump won the next election. Like I said, I have mixed feelings about this. But the court should make their decisions based on the law rather than how it might look. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [December 20, 2023, 2:01am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/372 "2023-12-20T02:01:44Z")
> [@PhillyGuy](#): > > Maybe. But in a scenario where Colorado is the only Trumpless state, there would be someone’s name or names on the November GOP presidential line, and the Colorado GOP would work hard so its voters knew that those electors planned to vote for Trump. Except that SCOTUS ruled specifically in a Colorado case that Colorado electors can’t do that. They are bound to the candidate they are electors for. ---
**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\ **Post date:** [December 20, 2023, 2:05am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/373 "2023-12-20T02:05:04Z")
I feel like it’s worth interjecting something obvious here. Trump supporters limit their discussion and consideration to the events at the Capitol on January 6th - The Barbarians At The Gate. Putting aside the fact that those _same_ Trump supporters insist that the mob did nothing whatsoever wrong… January 6th was like a movie. All we _saw_ was the actors. What we _didn’t_ see – and what Trump supporters don’t even believe exists – are all of the production crew that worked behind the scenes to _make_ the movie. They also didn’t see – and don’t believe they exist – the editing crew, the catering staff, the transportation people, the insurance people, the set medics, the money people, etc., etc. They think the angry, misled, deeply broken refuse that stormed the Capitol WAS the whole show. They have no idea. But then again: there’s basically no subject that you can mention where there answer isn’t the same: they have no idea. We, as humans, and We, as Dopers, should _never_ lose sight of **[the real story](https://www.justsecurity.org/81939/timeline-false-alternate-slate-of-electors-scheme-donald-trump-and-his-close-associates/)**, and how close we potentially came to losing our Democracy. When we consider the Courts’ decisions, the GA and DoJ cases, what might potentially come before the SCOTUS, and what we think _should_ happen, we should be ever mindful of the whole enchilada. Also, too: I love Mexican food. ---
**Author:** ![jsc1953](https://avatars.discourse-cdn.com/v4/letter/j/5daacb/32.png) [@jsc1953](https://boards.straightdope.com/u/jsc1953)\ **Post date:** [December 20, 2023, 2:05am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/374 "2023-12-20T02:05:56Z")
Was 14th Amendment Section 3 ever tested in court post-Civil War? Did anyone try to run for office and be disqualified because of their participation in the insurrection? ---
**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\ **Post date:** [December 20, 2023, 2:10am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/375 "2023-12-20T02:10:44Z")
The answer to the last post is: No and No. Congress passed the Amnesty Act of 1872 so former confederates could serve in Congress even if they had taken a federal oath of office before the Civil War. This will not happen for Trump because it requires a 2/3 vote in both houses. EDIT: I was just thinking of the Civil War context. See next post. ---
**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\ **Post date:** [December 20, 2023, 2:11am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/376 "2023-12-20T02:11:39Z")
> [@](#): > > Congress last used Section 3 of the Fourteenth Amendment in 1919 to refuse to seat a socialist Congressman accused of having given aid and comfort to Germany during the First World War, irrespective of the Amnesty Act. The Congressman, Victor Berger, was eventually seated at a subsequent Congress after the Supreme Court threw out his espionage conviction for judicial bias. Recently, various groups and organizations have challenged the eligibility of certain candidates running for Congress, arguing that the candidates’ alleged involvement in the events surrounding the January 6, 2021, breach of the Capitol render them ineligible for office. No challenges have to date resulted in the disqualification of any congressional candidate. A New Mexico state court, however, has removed Otero County Commissioner Couy Griffin from office and prohibited him from seeking or holding any future office based on his participation in, and preparation for, the January 6 interruption of the election certification [**SOURCE - 6pp PDF (also posted above)**](https://crsreports.congress.gov/product/pdf/LSB/LSB10569) ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [December 20, 2023, 2:12am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/377 "2023-12-20T02:12:16Z")
> [@Odesio](#): > > I don’t expect this simply because it would make the SC irrelevant. I don’t believe they’ll cotton to the idea of a president who is above even their decisions regarding the law. I’d like to think you are correct about this. I really do. I do not have that faith that conservatives won’t go to crazy-town. They have repeatedly stepped over lines we all thought would never happen. Why not this one? ---
**Author:** ![Measure\_for\_Measure](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/measure_for_measure/32/557_2.png) [@Measure\_for\_Measure](https://boards.straightdope.com/u/Measure_for_Measure)\ **Post date:** [December 20, 2023, 2:14am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/378 "2023-12-20T02:14:09Z")
At least 8 officials have been disqualified under the insurrection clause. Table in the article. Six were before 1900. > **[The precedent for 14th Amendment disqualification - CREW | Citizens for...](https://www.citizensforethics.org/reports-investigations/crew-reports/past-14th-amendment-disqualifications/)** > > At least eight public officials have been formally adjudicated to be disqualified and barred from public office under Section 3 of the Fourteenth Amendment since its ratification in 1868. ---
**Author:** ![thorny\_locust](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thorny_locust/32/431_2.png) [@thorny\_locust](https://boards.straightdope.com/u/thorny_locust)\ **Post date:** [December 20, 2023, 2:15am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/379 "2023-12-20T02:15:13Z")
> [@Saint\_Cad](#): > > Except that SCOTUS ruled specifically in a Colorado case that Colorado electors can’t do that. They are bound to the candidate they are electors for. Is that only on a first vote? ---
**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\ **Post date:** [December 20, 2023, 2:27am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/380 "2023-12-20T02:27:26Z")
> [@Saint\_Cad](#): > > Except that SCOTUS ruled specifically in a Colorado case that Colorado electors can’t do that. They are bound to the candidate they are electors for. It seems to me that as the party of chaotic evil, if this holds up the Republicans should find some other candidate named Donald Trump and put them on the Colorado ballot. Or maybe a Mr. Trumpy McTrumpface. ---
**Author:** ![penultima\_thule](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/penultima_thule/32/3833_2.png) [@penultima\_thule](https://boards.straightdope.com/u/penultima_thule)\ **Post date:** [December 20, 2023, 2:28am UTC](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412/381 "2023-12-20T02:28:21Z")
Just a smart-arse drive by post from a higgnrunt furriner whose country’s dinky little legislatures seem to rather less vulnerable to these machinations. [Westminister doctrine - separation of powers](https://www.parliament.nsw.gov.au/about/Pages/Separation-of-Powers.aspx#:~:text=The%20doctrine%20of%20the%20separation,fundamental%20tenets%20of%20liberal%20democracy.) > [@iiandyiiii](#): > > If SCOTUS really wants to play politics, they might reverse this one but give Jack Smith a win for the other one > [@PhillyGuy](#): > > However, the GOP justices are unlikely to have such a low opinion of their fellow Republicans. > [@Odesio](#): > > it would make the SC irrelevant. I don’t believe they’ll cotton to the idea of a president who is above even their decisions regarding the law. > [@Riemann](#): > > I think if they decide to fuck Trump over, politically it’s much easier for them to take the “shrug, none of our business” approach [Previous page](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412.md?page=18) [Next page](https://boards.straightdope.com/t/various-states-including-colorado-determine-trump-is-disqualified-from-holding-office/988412.md?page=20)