Colorado Supreme Court bars Trump from the ballot

Yes I agree with that.

 

This will be the response de rigueur on this issue. It's the easiest way to avoid the alternative: ruling on the merits of the effort to exclude.

 

If the Supreme Court rules on the merits they'd have little choice but to affirm Colorado. I don't know where they would go from there, though.

The problem with saying that it's up to Congress is that the implication is that Congress would have to issue the ban before the candidate is barred. The amendment doesn't require any such thing. The bar is automatic.

 

Until, inevitably, any attempt is challenged immediately in court. Given the pretty strong losing streak on this issue, I suspect it will stay with the courts until it dies.

 

But if they don't hear the matter on the merits the practical effect is to write the amendment out of the constitution.

 

Isn't that what activist courts do sometimes? Don't they call that "legislating from the bench"?

There is no way this court is going to disqualify Trump. The only challenges are (a) how close to a reasoned legal rationale can they get and (b) can they stand the heat for not getting there? Because they're going to work backwards from their desired outcome.

 

I'll be extremely surprised if the court rules that Trump is ineligible to serve. That doesn't mean that I've given up hope though.

 

I don't want it.

Weakening our institutions has been a Republican goal since Reagan. The (alleged) criminal, Trump, has taken it to an unforeseen extreme. (Selfishly to avoid accountability for his alleged crimes.) I think such a decision would weaken them even more, even though it would be coming from a conservative majority normally in Trump's pocket.

The people have the power to decide. Word is that Jack Smith has a ton of yet-unrevealed evidence against Trump in the Jan 6th case. If the people cannot make the distinctions about Trump and elect him, then they (as always) get the government they deserve. I don't have a problem with that.

 

I see your point and agree with it. I've mentioned before that I believe Democrats have much less to like about a SCOTUS ruling that Trump is ineligible to serve as President than Republicans that would rather see a different Republican nominee. At the same time, I freely admit that my fear of another Donald Trump term my not be completely rational since it should be very unlikely.

 

That's OK, Bill. I understand completely. It's very hard not to become at least somewhat irrational, when confronted by such a loathsome, horrible fear. It's beyond terror; it pushes the limits of human endurance. If I were a believer -- I'd be praying, right now.

 

Whoops. There goes Maine! This will further force the Supremes to step up.

 

But HE COULD WIN. That's the terrific risk the Amendment was designed to protect the country from, an insurrectionist regaining power.

 

And the Electoral College was set up to prevent a charlatan populist from being directly elected by the rabble. Eventually, we got one anyway.

 

What people need to remember about the 14th amendment is that it is a valid, effective part of the constitution. It IS the law. Courts can't just disregard the plain meaning of the constitutional text. Or at least they aren't supposed to.

 

I do have to admit that for the most part the courts seem to have been very supportive of the law and our democracy. Trump lost all of his attempts to push his election Big Lie in the courts after the 2020 election. Although I do remember a time or two that Trump lost in the Supreme Court but one or two justices voted against the majority. That seems a bit concerning to me that at least some on the Supreme Court may not be so supportive of the law and our democracy.

 

The Supreme Court was designed to be insulated from political pressure. Pressure HAS been applied successfully on rare occasions but not by the likes of Donald J. Trump. The thing is, you can't punish or (in theory, Clarence) reward a Justice. It's a lifetime appointment with a salary fixed by law. There is no further promotion to be granted or withheld. Moreover, the Court is what it is only in the context of our constitutional republic. It is in the interest of no Judge or Justice to see the system destroyed in favor of a dictatorship.

Finally, lawyers, and especially Judges, think in a different way than do members of the general public. The Dobbs majority opinion is an example. Another example is the dissent in that case. You don't have to agree with a legal opinion to respect it or even to follow it. But you DO have to read and analyze it, something screamers for and against seem only rarely to do.

I do not know what the Supreme Court will do about Trump being ineligible, but I wouldn't be surprised to see them uphold the Colorado decision.

 

I don't think the Supremes have any loyalty to Trump. But they DO have loyalty to the Republican Party, which is currently headed by Trump.

They're going to have to step in fast. If not, more states are going to do this and broaden the situation, making it harder for them to turn it all back. That means they won't be able to pull that "not a precedent" stuff like in 2000. They'll HAVE to set precedent or this isn't going to stop.

Unless, of course, they decide to take this off-ramp from the Trump Highway.

 

Well they shouldn't have any loyalty to any political party. That's fundamental judgery.

 

Fundamental judgery - right. I saw that exact course, on Udemy IIRC. On sale, $13. Aren't you the instructor for that one?

 

Hm. Well now. That's a very interesting thought. Suppose the Supreme Court decides that states run elections so states get to decide? The last time a state kept a Presidential candidate off the ballot, as far as I know, was 1860 when several southern states froze out Abraham Lincoln.

Um. No, I don't think they can sit on their hands. running for office is a federal civil right. But perhaps they could say that the issue isn't "ripe" because there's no guarantee Trump will be nominated. They might just be hiding in the closet and hoping Trump will lose without their help.