Colorado Supreme Court decision
Dec. 19th, 2023 10:22 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
dmmA 4-3 decision to disqualify you-know-who from the primary ballot.
"The court stays its ruling until January 4, 2024, subject to any further appellate proceedings."
Now he-who-must-not-be-named has a choice whether to appeal this in Federal courts, but a loss there might result in a wider disqualification.
People can enjoy reading a 213-page decision, but the gist of it is pages 6-9 (pages 7-10 of the PDF file).
"The court stays its ruling until January 4, 2024, subject to any further appellate proceedings."
Now he-who-must-not-be-named has a choice whether to appeal this in Federal courts, but a loss there might result in a wider disqualification.
People can enjoy reading a 213-page decision, but the gist of it is pages 6-9 (pages 7-10 of the PDF file).
no subject
Date: 2023-12-20 03:32 am (UTC)no subject
Date: 2023-12-20 03:52 am (UTC)https://www.law.cornell.edu/constitution/amendmentxiv
Section 3.
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
no subject
Date: 2023-12-20 04:57 am (UTC)In any case, all this is likely to be relevant only if there is an appeal to the US Supreme Court.
If you-know-who's campaign just lets this one slide, it is unlikely to impact things much (that's how logistics of the situation looks to me; this is just a single blue state, so this only affects primaries a bit; this is a state-specific law, so the decision will at best have a moderate impact; at least, one of the dissents notes on page 147: "And because most other states don’t have the Election Code provisions we do, they won’t be able to enforce Section Three").
But if there is a US Supreme Court consideration, then anything can happen including a nation-wide disqualification. Yes, that court has 6-3 Republican majority, but this does not mean that that majority is necessarily friendly to him-who-must-not-be-named. After all, the lawsuit against you-know-who was brought by a group of registered Republicans and unaffiliated voters eligible to vote in the Republican primaries in Colorado.