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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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Sure, you can just throw out precedent as insincere but well once you go down that road a lot of things start looking insincere.

First, there is ambiguity whether in the Davis case Chase ruled in the manner you describe. There is at best hearsay that Chase thought the amendment self executing in the context of Davis and that was never settled (eg there was never an opinion).

Second, it again ignores the distinction (that we see often in US law) between laws that restrict government action (ie providing more freedom to the citizens) and laws that restrict citizen action (ie laws that restrict freedom). We generally give more latitude to the first and less to the former because we generally think government inaction shouldn’t deny properly bestowed rights while at the same time believing that unclear rules shouldn’t prohibit someone from exercising rights they may have. That is, in Davis the 14th amendment could arguably be viewed as a right protecting people whereas in Griffin it is stripping people of the right and therefore it could be self executing in one and not the other.

This provides a legal harmonization of the potential conflict between the two different cases. That is the better approach compared to just saying “Chase is full of shit.” Now it doesn’t mean Chase is right. But given that it is the to my knowledge only relevant near in time case on topic it seems like we should give it a lot of weight.