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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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The problem is that Colorado law requires invalid candidates to be removed from its ballots. It gives a timeline and procedure for making this happen via a lawsuit and a judge. As you observe, if Trump had been convicted (say, after his impeachment), the suit could just cite that.

Since he wasn’t, though, the Colorado court is in a bind. They are required to make a decision, which means they need someone to make a finding of fact. But other states are not necessarily so bound. I think this makes it really hard for the Supreme Court to affect other states. Finding that Colorado’s law violates due process, for example, would just leave us back where we were before they banned him.

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