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The 133-page opinion, which was unsigned and issued by the four justices in the majority, drew three dissents.
Chief Justice John Boatright argued that removing Trump from the ballot would require “an insurrection-related conviction.” Trump was impeached by the House for his role in the Jan. 6 attack, but he was acquitted by the Senate. And while he is facing a slew of federal and state criminal charges stemming from his efforts to subvert the election, he has never been criminally charged with committing or inciting an insurrection.
Justice Carlos Samour echoed Boatright’s concerns but went further, contending that the court was depriving Trump of due process.
“Even if we are convinced that a candidate committed horrible acts in the past — dare I say, engaged in insurrection — there must be procedural due process before we can declare that individual disqualified from holding public office,” he wrote.
Justice Maria Berkenkotter also dissented, arguing that Colorado courts don’t have the authority to consider the question presented by those challenging Trump.
THREE justices actually behaved like, well...judges.
He didn't need CO anyway. Still could get it as a write in, long shot though.
I really don't get what Dems are trying to do
@VivekGRamaswamy
This is what an actual attack on democracy looks like: in an un-American, unconstitutional, and unprecedented decision, a cabal of Democrat judges are barring Trump from the ballot in Colorado. Having tried every trick in the book to eliminate President Trump from running in this election, the bipartisan Establishment is now deploying a new tactic to bar him from ever holding office again: the 14th Amendment. I pledge to withdraw from the Colorado GOP primary unless Trump is also allowed to be on the state’s ballot, and I demand that Ron DeSantis, Chris Christie, and Nikki Haley to do the same immediately - or else they are tacitly endorsing this illegal maneuver which will have disastrous consequences for our country.
Today’s decision is the latest election interference tactic to silence political opponents and swing the election for whatever puppet the Democrats put up this time by depriving Americans of the right to vote for their candidate of choice.
The 14th Amendment was part of the “Reconstruction Amendments” that were ratified following the Civil War. It was passed to prohibit former Confederate military and political leaders from holding high federal or state office. These men had clearly taken part in a rebellion against the United States: the Civil War. That makes it all the more absurd that a left-wing group in Colorado is asking a federal court to disqualify the 45th President on the same grounds, equating his speech to rebellion against the United States.
And there’s another legal problem: Trump is not a former “officer of the United States,” as that term is used in the Constitution, meaning Section 3 does not apply. As the Supreme Court explained in Free Enterprise Fund v. Public Company Accounting Oversight Board (2010), an “officer of the United States” is someone appointed by the President to aid him in his duties under Article II, Section 2. The term does not apply to elected officials, and certainly not to the President himself.
The Framers of the 14th Amendment would be appalled to see this narrow provision—intended to bar former U.S. officials who switched to the Confederacy from seeking public office—being weaponized by a sitting President and his political allies to prevent a former President from seeking reelection. Our country is becoming unrecognizable to our Founding Fathers.
3:56 PM · Dec 19, 2023
My asks whether those judges in Colorado are elected. Maybe this is also a bid to get re-elected on their part.
He didn't need CO anyway. Still could get it as a write in, long shot though.
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It is not only un-American, it is literally the elimination of democracy for the benefit of the CIA, NSA, and the corporations which run them and benefit from their treason and subversion.
I hope to be in the front row with a big bag of popcorn when the deep state criminals are hanged for their crimes.