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Honestly I'm of two minds about it.
One, faith by the electorate in the process of elections is part of democracy. I genuinely don't think it's reasonable to tell 60 million Trump supporters that those of them that live in Colorado aren't allowed to vote for the man. I get that the letter of the law is that he tried to invade the congress and kill the vice president to keep himself in power, which is a crime that in any civilized society would keep him off the ballot not to mention behind bars, but this is actually a rare instance where I think "but they'll get really mad about it" is a viable reason not to do it. Or, at least do it on a national level, since the idea of an election where certain candidates are or aren't on the ballot differently in different states is obviously undemocratic and will clearly lead to retaliation in kind by the GOP which will step us a little further towards a civil war.
Two, fuck it. They're already rogue. They tried to kill the vice president. We're in a fight for the survival of democracy in this country and it's nice to see the boundaries being pushed by the people who aren't the ones kicking out the supporting timbers.
I get that you’re saying that it doesn’t feel fair to you, but that’s not how the law works. We might want the law to meet our sense of fair play, but there’s a ton of questions about balancing interests and precedent and so on.
The constitution itself places limitations on who can run for president. Is it fair that Arnold Schwarzenegger can’t run for office even if people want to vote for him? Maybe, but it’s illegal. Of a genius and charismatic 29 year old entrances the country with her brilliant rhetoric and would clear 90% of the popular vote and unite the nation, she also cannot become president. Is that fair to the electorate or our young genius? Maybe, maybe not. But it’s constitutional, and it’s the law.
CO law states that primary candidates must be people eligible for election to the office as judged by the state. This law has already been used to keep someone off the ballot. In a decision decided by Gorsuch himself, it was held that states have the right to make those calls.
In addition, the feds have almost always defaulted to allowing the states to decide how to conduct their elections and have stated that the feds have no constitutional authority to dictate how they conduct elections. This was how Bush v Gore was decided, along with the Boting Rights Act and other cases. Except in the case of violating something like equal protection, the feds stay out of it. Sitting members of the current court decided those cases.
So the Foinding Fathers didn’t think that just anyone should be allowed to run and the people should decide. Case law backs the idea that states can set their own rules. Trump is disqualified in the opinion of Colorado by virtue of having engaged in insurrection, and even the previous ruling, which would allow Trump on the ballot, did not challenge that finding. They just said that the law doesn’t apply to the president of the United States. It was a bad, bad ruling.
The sc can’t even grant a stay without overruling CO election law, which I believe says the ballots must be set by Jan 5, and the self-imposed stay already runs through the 4th.
Love your answer! But I'll argue one thing.
Knowing the judgment would be appealed, no matter what, the lower court found Trump guilty of insurrection as a fact. On appeal, this fact cannot be argued or tested again. It stands.
Brillant legal maneuver. She put Trump in an inescapable box. And here we are.
I'm just joining in to say I'm worried the Supreme Court is going to ignore that fact and make a decision that favors the party. They'll even find a way to spin it that the decision only applies to the GOP