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zataomm  11mo ago (text post)   5752 thread views

Colorado Supreme Court Thread

Link to the decision

I don't know to what extent there are established precedents for when a topic is worthy of a mega-thread, but this decision seems like a big deal to me with a lot to discuss, so I'm putting this thread here as a place for discussion. If nobody agrees then I guess they just won't comment.

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I find the dissent’s attack of the Colorado law convincing apart from the issue you raise. Determining whether someone is an insurrectionist is either really simple (in the context of say Robert E Lee) or really hard (Trump or Biden). It seems we can either define insurrectionist narrowly (in which case the Colorado law applies but Trump clearly isn’t an insurrectionist) OR the Colorado law wasn’t intending to capture broad interpretations of insurrection since that would require extreme factual development / significant protection for the person accused of insurrection and tr statute requires a quick trial on a preponderance standard with limited discovery rights. So it is kind of heads Trump wins tails the Plaintiff loses.

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