this post was submitted on 19 Dec 2023
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[–] just_change_it 36 points 11 months ago* (last edited 11 months ago) (1 children)

Nothing is final until the federal supreme court weighs in or the election is final.

At this stage of the game all of the appeals in the world are in play.

ftfa

The court put its decision on hold until Jan. 4 to allow for further appeals. It also said that if the matter is pursued before the U.S. Supreme Court before that date, the pause will remain in effect during that time and Colorado will be required to include Trump’s name on the primary ballot pending action by the Supreme Court.

Article also mentions the supreme court in CO is appointed by all democrats. A big win would be a red state agreeing with this.

[–] [email protected] 20 points 11 months ago (1 children)

I’m not too sure about that. I think it’s pretty open and shut and scotus can’t do anything about it.

Case law has found time and again that states can decide their own election laws, and that the federal government cannot override that except in the most egregious cases.

But the very cases where they chose to defer were huge, election changing cases, like Bush v Gore and the VRA.

I don’t think they can even issue a stay without doing the exact same thing. The current stay is through the 4th because CO law says they have to set the ballots by Jan 5. So even issuing a stay would be the feds overstepping the bounds.

Overstepping their own bounds in fact, since people still on this court decided those cases, and Gorsuch actually ruled on this same Colorado law in favor of CO having the right to control its own ballot.

What this means is very possible sweep in CO, because if Trump isn’t on the ballot, that will hurt turnout which would flip some new areas blue. That’s the entire downticket from senators to dogcatchers.

[–] psycho_driver 26 points 11 months ago (2 children)

I think it’s pretty open and shut and scotus can’t do anything about it.

Justice Thomas will go on a long vacation aboard a yacht and come back with a different opinion than you.

[–] PrinceWith999Enemies 7 points 11 months ago

I have no doubt about that one.

The fun bit is that he voted with the majority in those other cases. He’s going to either come up with some Olympic level gymnastics or just write “No.” There’s no in between.

[–] [email protected] 5 points 11 months ago

Actually I have MORE faith in Thomas siding with Colorado because he's corrupt. A dictator doesn't need a corrupt supreme court but a republican president does.