What about some red states threatening to remove Biden from the ballot? Any chance of that happening if the SC kicks it back to the states?
Depends on what basis. I suppose I have to click away to find out.
Of course R factions in all 50 states can try. And if their state government is sufficiently partisanly criminal they will succeed. TX coming readily to mind.
Once the game is rigged, there simply are no rules. There is simply power. And the side with enough power in any given place will win every time.
It’s the same garbage as with impeachment. “Well, Republicans are just going to impeach Biden, then.”
OK, what for?
Nothing, they’re just going to impeach him.
Right, ok.
The Republican War on Law and Order.
ISTM that the state court in question imposed a state disability on Trump, not a federal one. They ruled on a matter that only involves Colorado, to wit: the qualifications for being on the Colorado primary ballot for president in 2024.
And of course the Judges are getting death threats.
Because thats the way the GOP works now- Thugs.
Since he had zero chance anyway, why not?
He’s probably giving up dozens of votes. Well, maybe a baker’s dozen. Anyway, this is absolutely heroic.
I’m automatically skeptical. Just pure visceral reaction.
And if Kevin hadn’t flown down there and convinced the malodorous malcontent to, for the good of the nation, eat something, it might have wasted away by now.
The concept of when a crime is known is distinct from when it is actually tried or convicted. The concept of statue of limitations is actually based on this. Trump’s acts are known, they have been charged by a grand jury.
And remember those are criminal proceedings; if he is found not guilty, it doesn’t mean he didn’t do that crime; it means the jury did not find enough evidence to deprive a private citizen of his freedom. That’s an extremely high standard. Rightfully so, but that high standard doesn’t apply to removal of the privilege of seeking public office.
It’s not sufficient for a President to have been criminally aquitted of sedition. A candidate needs to be so squeaky-clean that no grand jury would even consider charging for sedition, because again, ineligibility for office is not a criminal consequence (well, except in the rare case when being President will allow you to discharge multiple criminal proceedings that might land you in jail).
There has been much discussion in this thread about the 14th Amendment. But I have seen little or no discussion of Article II, Section 1 which states, among other things, “…Each State shall appoint, in such Manner as the Legislature thereof may direct [emphasis added], a Number of Electors … .” In the early years of this republic electors were appointed directly by the state legislatures and there were no popular elections for electors. Perhaps the question is whether or not Trump’s exclusion from the ballot was done in a manner directed by the Colorado legislature, i.e., a statutory scheme that empowers state officials and the state judiciary to determine who is eligible to appear on the ballot.
As an extreme hypothetical, suppose the state legislature of the fictional U.S. state of New Celery enacted a law that stated that electors for anyone who has ever worn yellow shoes as determined by the New Celery Secretary of Silliness cannot be on the ballot, Wouldn’t this be the legislature’s prerogative under the U.S. Constituion?
As would a legislature passing a law that there is no popular election for president in their state and that only the Republican candidate may be chosen by all future electors. An interesting question is if they could also attach a feature to that law that it requires the unanimous vote of the legislature to ever change.
Texas Lt. Gov Dan Patrick has suggested (probably not seriously) that Biden should be removed from the state’s ballot. I am unsurprised.
Here’s an interesting take on that possibility:
The more I think about this, the more negative it all feels.
As I see it, the only way it comes out well is if SCOTUS takes up the case and uses the opportunity to define “insurrection.” I’d hope that they also determine that Colorado was correct in its assertion that Trump did engage in insurrection, but that’s almost beside the point. If they don’t define insurrection, every red state will find some reason to drop Biden from their ballots.
Good luck getting the Supreme Court to rule that Biden gave aid or comfort to our enemies.
I predict the majority Supreme Court opinion will hold that this is a “political question” (unlike objective qualifications for president, like age), and therefore up to the voters to decide.
On one hand, that renders the applicable section of the 14th amendment effectively unenforceable.
But on the other hand, it sidesteps the predictable political shenanigans that Colorado’s action will inspire.