- cross-posted to:
- antitrumpalliance@lemmy.world
- cross-posted to:
- antitrumpalliance@lemmy.world
The Colorado Supreme Court is removing former President Donald Trump from the primary ballot, saying he is ineligible to be president.
In a stunning and unprecedented decision, the Colorado Supreme Court removed former President Donald Trump from the stateās 2024 ballot, ruling that he isnāt an eligible presidential candidate because of the 14th Amendmentās āinsurrectionist ban.ā
āEven when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President (Mike) Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes.
āPresident Trumpās direct and express efforts, over several months, exhorting his supporters to march to the Capitol to prevent what he falsely characterized as an alleged fraud on the people of this country were indisputably overt and voluntary.ā
Ratified after the Civil War, the 14th Amendment says officials who take an oath to support the Constitution are banned from future office if they āengaged in insurrection.ā But the wording is vague, it doesnāt explicitly mention the presidency, and has only been applied twice since 1919.
We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits,ā Trump campaign spokesperson Steven Cheung said in a statement.
Chief Justice Brian Boatright, one of the three dissenters on the seven-member court, wrote that he believes Colorado election law āwas not enacted to decide whether a candidate engaged in insurrection,ā and said he would have dismissed the challenge to Trumpās eligibility.
LINKS
AP: Colorado Supreme Court bans Trump from the stateās ballot under Constitutionās insurrection clause | @negativenull@startrek.website
Washington Post: Donald Trump is barred from Coloradoās 2024 primary ballot, the state Supreme Court rules | @silence7@slrpnk.net
CNBC: Colorado Supreme Court disqualifies Trump from 2024 ballot, pauses ruling to allow appeal | @return2ozma
NBC News: Colorado Supreme Court kicks Donald Trump off the stateās 2024 ballot for violating the U.S. Constitution. | 18-24-61-B-17-17-4
CNN: Colorado Supreme Court removes Trump from 2024 ballot | A Phlaming Phoenix
CNN:Colorado Supreme Court removes Trump from 2024 ballot based on 14th Amendmentās āinsurrectionist banā | @Boddhisatva
New York Times: Trump Is Disqualified From the 2024 Ballot, Colorado Supreme Court Rules | @silence7@slrpnk.net
How so? Couldnāt they ignore the insurrection bit and rule that colorado runs its own elections?
Yeah. They could. Honestly though they shouldnāt even be taking the case. The Constitution is pretty clear that the states are in charge of elections.
The Voting Rights Act is ironically what Trump relies on here. Itās possible the court has weakened the law by so much that each state gets to decide.
Iām not seeing anything in the VRA about candidates. Just about districting and voting. Can you point me to that?
Itās not candidates specifically but to what degree the federal government can dictate a state governmentās elections. States have full jurisdiction over running elections, and the VRA lets the federal government keep them in check. I guess itās more the idea of law than the letter, but the idea remains very important in our legal framework.
I believe itās an all or nothing type ruling, the 14th either applies or it doesnāt. As the Supreme Court only interprets the constitution/law they cannot change the fact he was found to be part of an insurrection against the United States.