The Colorado Supreme Court issued an opinion Tuesday evening disqualifying Donald Trump from appearing on the state’s GOP primary ballot, a monumental ruling which applies the Constitution’s ban on those who engaged in insurrection from holding office.
Just like there will be appeals of Texas’ state law against illegal immigration. These are set up for appeal. Well, and for grifting, depending or your POV.
The thing that worries me about this DQ stuff is the question about who is the trier of fact. Because there is no doubt in my mind that if it is simply a state supreme court, Republicans will find a way to make this apply to democrats claiming one or the other incident, like for example, filibustering a bill on the floor of the Senate, qualifies as an insurrection.
Once the topic of using Section 3 of the 14th amendment to disqualify a candidate for ‘insurrection’ was raised, it was inevitable it would be used against Democrats at some point. Applying it first against Trump, who actually engaged in an insurrection, guarantees that 1) they will supply the arguments against 14th amendment disqualification that Democrats can use in the future and against any such attacks, and 2) the likelihood that this will go in front of the SCOTUS to be adjudicated before it’s weaponized against Democrats is now 100%.
Once the cat was out of the bag, our best option was to pursue these challenges till the very end (i.e. SCOTUS).
Buckle up because 2024 is going to be a wild ride!
The decision is certain to be appealed to the U.S. Supreme Court, but it will be up to the justices to decide whether to take the case. Scholars have said only the nation’s high court can settle the issue of whether the Jan. 6 attack on the U.S. Capitol constituted an insurrection and whether Trump is banned from running.