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PaperclipPerfector  11mo ago (text post)   29676 thread views

Culture War Roundup for the week of December 18, 2023

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The stated reason for being removed from the primary ballot is that CO does not believe Trump is eligible to hold the office of POTUS. If the GOP nominates Trump, notwithstanding CO's lack of participation, for President, the same logic mandates that CO refuse to list Trump in the November election as GOP nominee. This isn't just about the primary, and claiming otherwise without further argument/support is either ignorant or malicious.

That seems like a logical conclusion, but the courts don't run on logic and everything about this case so far has run on obscure legal theories and precedents rather than logic.

Most specifically, there's nothing about this finding in this case that causes him to be barred from the general ballot, even if it makes sense that he should be based on this finding. AFAIK, there would still have to be a separate hearing and a separate judgement and a separate ruling in order to make that happen.

Maybe that's what will happen, maybe not; the USSC looks to be getting involved, so a lot could change between now and then. But either way, it's something that hasn't happened yet, so blaming people for doing it when they haven't is untoward.

It's not a "logical conclusion" - it's the actual holding of the CO Supreme Court. The relevant language is this (at pgs. 8-9):

We hold as follows:

• The Election Code allows the Electors to challenge President Trump’s status as a qualified candidate based on Section Three. Indeed, the Election Code provides the Electors their only viable means of litigating whether President Trump is disqualified from holding office under Section Three.

• Congress does not need to pass implementing legislation for Section Three’s disqualification provision to attach, and Section Three is, in that sense, self-executing.

• Judicial review of President Trump’s eligibility for office under Section Three is not precluded by the political question doctrine.

• Section Three encompasses the office of the Presidency and someone who has taken an oath as President. On this point, the district court committed reversible error.

• The district court did not abuse its discretion in admitting portions of Congress’s January 6 Report into evidence at trial.

• The district court did not err in concluding that the events at the U.S. Capitol on January 6, 2021, constituted an “insurrection.”

• The district court did not err in concluding that President Trump “engaged in” that insurrection through his personal actions.

• President Trump’s speech inciting the crowd that breached the U.S. Capitol on January 6, 2021, was not protected by the First Amendment.

The sum of these parts is this: President Trump is disqualified from holding the office of President under Section Three; because he is disqualified, it would be a wrongful act under the Election Code for the Secretary to list him as a candidate on the presidential primary ballot.

(bolding added for emphasis)

The chief holding is that, under Colorado's interpretation of federal law, Trump is disqualified from the office of President. The result of that finding under the facts of the case at bar is that Trump is disqualified from the primary ballot. However, the underlying holding is already sufficient for the CO Secretary of State to subsequently keep Trump off the November, 2024 ballot, as well as for the CO state government to claim nullification of any action by a future second Trump administration. It would require a second case affirmatively overturning this case in order for Trump to be placed on the CO presidential ballot in 2024.

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