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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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The brief contains a variety of arguments, some of which are stronger than others. One interesting argument I hadn't heard before is that while someone may be disqualified from holding office, they are still permitted to run for office. A bit hard to swallow in the case of a candidate counting on Congress to "remove the disability" after he gets elected to office, but, like I said, interesting.

Yeah I also found that argument interesting. You could kind of analogize it to a candidate that will be 34 at the time of the election but will be 35 by the time he takes office. Probably the cleaner and more coherent answer is just to say disqualified candidates get treated as disqualified until the disqualification is removed, but it's an argument worth making.

I'm a bit surprised he didn't try the argument that the Amnesty Act passed in 1872 was forward-reaching. I don't buy that argument either, but it seems at least as plausible as many of the others he has used, and it wouldn't really cost him anything to give it a try.

I also expect Roberts to look for a way to punt responsibility to Congress, but I don't know that he finds 4 supporters for that approach.