Donald Trump banned from Colorado ballot in historic ruling by state's Supreme Court
apnews.com
The Colorado Supreme Court is removing former President Donald Trump from the primary ballot under the Constitution's insurrection clause.

DENVER (AP) — A divided Colorado Supreme Court on Tuesday declared former President Donald Trump ineligible for the White House under the U.S. Constitution’s insurrection clause and removed him from the state’s presidential primary ballot, setting up a likely showdown in the nation’s highest court to decide whether the front-runner for the GOP nomination can remain in the race.

  •  RoboRay   ( @RoboRay@kbin.social ) 
    6•6 months ago

    This is not actually setting a precedent… This determination was made numerous times before without convictions, mostly in the aftermath of the Civil War. The precedent of a conviction or even a formal charge being unnecessary is long-standing.

    •  admiralteal   ( @admiralteal@kbin.social ) 
      1•6 months ago

      Notably, it’s part of the matter of fact ruling of the CO courts that Trump committed sedition. It would be VERY uncommon for federal courts to change those matters of fact – they would instead rule on matters of law.

      There’s a lot to be said about the flaws in this disqualification. Is the 14th self-enforcing such that courts even have the authority to make a ruling to disqualify? Was there full due process? Why didn’t the 14th specifically name POTUS if it named electors of the POTUS as subjects of disqualification? Will the SCOTUS just step in and be a political & lawmaking body because they feel like it as usual?

      But it would be VERY weird for the courts to rule “not seditionist”. That would surprise even the most cynical legal scholars, I think.

    •  JillyB   ( @JillyB@beehaw.org ) 
      1•6 months ago

      I know that the wording of the amendment doesn’t require a conviction. I think it should. The dissenting opinion also favors this interpretation. I don’t think we should look at the reconstruction era for the best ways to interpret the constitution. Due process can and should be given more weight.

      Edit: if this wasn’t meant to set a precedent, what would be the purpose? It’s not like Trump has a chance of winning Colorado anyway. The purpose is for Colorado to be the first domino to fall and for swing states to use the same tactic to remove him from the ballot.

      If this attempt is successful, you can bet right wing groups will attempt to block left-wing candidates from ballots and make them fight a court battle to get on the ballot.