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zataomm  11mo ago (text post)   5753 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 think we've reached a point of broad agreement then. While I think the rulings that Trump is ineligible are correct, I also think that this is an issue that absolutely needs to be taken up and settled definitively by the Supreme Court (and indeed, every decision on the topic has basically begged them to do so). I don't expect the rest of the country to simply accept a ruling from Colorado as the word of god.

As far as individual justices go, I think there's a pretty decent chance that Gorsuch and Roberts end up on opposite sides of this issue. Gorsuch has pretty strong "apply the law as written" attitude that is going to make it hard to persuade him of arguments like "this one part of this one amendment is not self executing in this context, despite nothing in the actual law saying that". Roberts on the other hand could very well buy an argument like that. His overriding philosophy is that the court should avoid becoming itself a participant in the political process, and he has shown himself willing to embrace some pretty advanced mental gymnastics in service of that goal. I can very easily see him effectively saying "Hey congress, if you want this to happen, pass a law."

Yes, I agree with your assessment of Gorsuch and Roberts, which is why if they do agree I could pre-commit to following whatever they say as both wise and respectful of the relevant laws as written. Not sure what I'd do if they disagree but again I think you're right, Gorsuch is more likely to apply the law with strict correctness while Roberts will look for the decision that is best for the political system overall. My heart is with Gorsuch but I think I'd have to go with my head and favor Roberts.

And they will both vote for Trump in this case because it isn’t close.

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