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CO Supreme court disqualifies Trump from ballot

christopher

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Society is doomed:


EVERY citizen should be up in arms over this, even if you hate Trump.
Ya, this is NOT a good precedent at all.

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Three justices dissented from Tuesday’s decision: Chief Justice Brian Boatright, Carlos Samour and Justice Maria Berkenkotter. Each wrote separate dissents taking issue with how the plaintiffs brought their 14th Amendment lawsuit using a provision of Colorado election law.

Berkenkotter wrote that “the majority construes the court’s authority too broadly.”

“The questions presented here simply reach a magnitude of complexity not contemplated by the Colorado General Assembly for its election code enforcement statute,” wrote Boatright. “The proceedings below ran counter to the letter and spirit of the statutory timeframe because the Electors’ claim overwhelmed the process.”

Samour similarly wrote that Colorado’s election law provides no “engine” for such a lawsuit, also noting that no federal legislation existed to enforce the 14th Amendment’s insurrection clause.

“Even if we are convinced that a candidate committed horrible acts in the past—dare I say, engaged in insurrection—there must be procedural due process before we can declare that individual disqualified from holding public office. Procedural due process is one of the aspects of America’s democracy that sets this country apart,” Samour wrote.

Ironically, all this ruling will do is further cement Trump's status as leading presidential candidate as it not only affirms his status as target #1 of the Biden Department of Justice and liberal court system, but will test the Conservative-dominated Supreme Court appeal over its interpretation of the 14th Amendment, which according to many including a Colorado District court, does not apply to the Presidency.

Indeed, as Vivek Ramaswami observed, the 14th Amendment was part of the “Reconstruction Amendments” that were ratified following the Civil War. "It was passed to prohibit former Confederate military and political leaders from holding high federal or state office. These men had clearly taken part in a rebellion against the United States: the Civil War. That makes it all the more absurd that a left-wing group in Colorado is asking a federal court to disqualify the 45th President on the same grounds, equating his speech to rebellion against the United States."

And there’s another legal problem: Trump is not a former “officer of the United States,” as that term is used in the Constitution, meaning Section 3 does not apply. As the Supreme Court explained in Free Enterprise Fund v. Public Company Accounting Oversight Board (2010), an “officer of the United States” is someone appointed by the President to aid him in his duties under Article II, Section 2. The term does not apply to elected officials, and certainly not to the President himself.
The Framers of the 14th Amendment would be appalled to see this narrow provision—intended to bar former U.S. officials who switched to the Confederacy from seeking public office—being weaponized by a sitting President and his political allies to prevent a former President from seeking reelection. Our country is becoming unrecognizable to our Founding Fathers.
The court put its ruling on hold until Jan. 4, so Trump can first seek review from the Supreme Court, which he will. Until then, Trump’s name automatically remains on the ballot until the justices resolve the appeal.

“We do not reach these conclusions lightly,” wrote the court’s majority. “We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”

Naturally, Trump’s campaign immediately denounced the ruling.

“Unsurprisingly, the all-Democrat appointed Colorado Supreme Court has ruled against President Trump, supporting a Soros-funded, left-wing group’s scheme to interfere in an election on behalf of Crooked Joe Biden by removing President Trump’s name from the ballot and eliminating the rights of Colorado voters to vote for the candidate of their choice,” a campaign spokesman, Steven Cheung, said.


 

Mafesto

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I think people will lose their minds if this is allowed to continue


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I sadly disagree. People simply adapt to the new low every time and accept it as the new normal. People will never be able to get off of Facebook long enough to overthrow this repressive regime. I think we're screwed with a capital 'F'!
 

christopher

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I'm not even saying if I agree or not. It was FEATURED in the weekly email from SnoWest. I would have never found it otherwise. I try to escape it and it shows up in a weekly email. Just stinks.
The weekly mail shows ALL threads on SnoWest ranked by Total Number of Views, Reactions and Replies.
This one was obviously very active for the members
 
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