Reply to Colorado case. To keep Trump off ballot

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]States get to set rules for their elections.  However, the SC will not allow states to bastardize the Constitution to do so.

If Colorado wants to keep him off the ballot because of mean tweets go for it, but not because of the misapplication of the 14th amendment.  [/quote]

SCOTUS is trying to figure out how to thread this needle to get him back on the ballot without creating terrible precedent in the name of protecting an obvious criminal. The landmark decision they're about to make will be their legacy...putting an insurrectionist back on the ballot. And they're stuck.[/quote]

I don't think people fully realize how momentous this is. It has taken 160 years for a case to arise involving 14.3, because everyone pretty much punted in the end after the Civil War. Whatever the SC does will establish precedent, in more ways than one.

What's strange is the Colorado case involved way more actual legal procedure than Trump's impeachment trial did, and it worries me that the SC will regard the outcome of that trial as conclusive. OTOH, a 2/3 win in that trial would have been more persuasive (and equal to the number required to overturn disqualification), PLUS the party that controlled the impeachment trial was the same party as Trump, and included senators who refused to certify Boden's win. Which leads me to regard the impeachment trial as a poisoned well, but will the Supreme Court hold their noses about it?

AFAIK the impeachment trial did not come into the Colorado case, though (anyone know? I don't recall seeing that in the decision)--could it be introduced now? [/quote]

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