That is going to be an epic ruling with repercussions on the continuation of democracy as we have known it for 250 years well past the Trump era. The three justices appointed by Trump that now cemented the right-wing tilt of the Cour.t They came from a list approved and provided by the Federalist Society. Their most famous and far-reaching decision recently has been the end of Roe v Wade and remanding abortion to each state to decide. The Federalist Society is known to favor less federal government in business and individual matters and includes libertarians. The question is will they construct a way for this Colorado decision 12/19 by the Colorado Supreme Court to be sent back to states, like Roe, and not decide the fate of the Trump candidacy? He appointed them on the Federalist Society recommendations. Will they return the favor and live up to the expectations of their backers who engineered their appointments.
There is a revolt against the Federalist Society by some of their conservative members, Judge Luttig and George Conway, who believe the Federalist Society has failed to meet their obligations to protect the Constitution from Donald Trump. They formed a group of like-minded to promote their own conservative views. New Conservative Group Can Take Stances Federalist Society Won’t (bloomberglaw.com / Trump has made it clear he wants to tear up the Constitution or change it. The way he wants to change it alarming to some that he plans to make it easier for him to become an autocrat and stay there as long as he wishes. The core issue posed by the Colorado Supreme Court is "was Trump an insurrectionist who could not serve in office " per the 14th Amendment," and the Luttig group says "yes" , agreeing with the Colorado Supreme Supreme Court ruling, Conway and Luttig, on MSNBC, 12/20/23. One of the most profound observations is that the 14th Amendment did not require a prior finding of criminal insurrection first. It was to be applied to those who were not found guilty of the crime under other statutes or provisions of the Constitution. It is totally separate from the statutes cited in Jack Smith's criminal case. The lower court's decision that the president is not an officer of the United States was overturned by the Colorado Supreme Court. The Court's ruling was 4 to 3, but it unanimously agreed with the district court judge that Trump indeed was an insurrectionist; there was an insurrection, and the judge made the ruling after a 5-day bench trial in which Trump's lawyers participated.. US Supreme Courts do not usually overturn state Supreme Court rulings.
One way the Federalists could limp out of their hotseat was to claim Trump did not get due process in the Colorado district court decision. The Constitution did not have a rule to enforce the `14thAmendment and a civil suit did not provide the same due process as a criminal case would.so a matter this important needed to be treated like a criminal case. The Colorado district court case was a civil trial, not a juried criminal trial and no financial penalty was at stake that would have demanded a guilty verdict found by jury. That is a real stretch because the 14th Amendment was passed to cover insurrectionists who were not criminally prosecuted and the effect, unlike a criminal case, its penalty for being liable was to keep them from serving in an official position in the future, not to put them in jail like adjudicated criminals. Justice Gorsuch, in his earlier capacity had already upheld the ability of the Colorado courts to keep a candidate off the ballot.
Vikki Haley will be the greatest beneficiary of it if Trump is not only the ballot, but she demagogued and immediately responded, letting the people decide, not the courts, who is a candidate. I'll bet Al Gore would have hoped that, too, when the Court awarded Bush the presidency.
What Is The Federalist Society And How Does It Affect Supreme Court Picks? : NPR
Colorado court used Supreme Court Justice Neil Gorsuch's ruling to justify disqualifying Trump
- Trump is disqualified from the ballot in Colorado, the state's Supreme Court ruled.
- But the case is sure to go to the Supreme Court.
- Colorado's court cited Justice Neil Gorsuch in their decision.
Colorado's top court appears to be already looking for sympathetic ears on the US Supreme Court to uphold its decision that would boot former President Donald Trump off of the 2024 ballot in the state.
Tucked into the Colorado state court's 4-3 ruling is a reference to Justice Neil Gorsuch, specifically a ruling Gorsuch issued as a then circuit court of appeals judge in a 2012 case concerning a long-shot presidential candidate's citizenship status.
The Colorado Supreme Court cited Gorsuch's ruling as cover for its unprecedented decision to kick Trump off a primary ballot based on the 14th Amendment of the US Constitution.
"As then-Judge Gorsuch recognized in Hassan, it is 'a state's legitimate interest in protecting the integrity and practical functioning of the political process' that 'permits it to exclude from the ballot candidates who are constitutionally prohibited from assuming office,'" the state opinion reads.
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