5 Responses

1. The Colorado Supreme Court did a fine job of boxing SCOTUS into a forced choice scenario with the inclusion of the Johnson – Morell discussion recorded during debate and discussion of the writing of the 14th Amendment, sec. 3.
   Thus conservative members of SCOTUS must choose between enabling Trump or sticking to their doctrine of “originalism”.
   If they choose Trump they will likely get a raise of salary but lose their role as a co-equal branch of government and find themselves relegated to patsys for the new Führer. But this court has grown comfortable with their powers and are likely to choose to rule on the side of “originalism” and against Trump. This is likely to happen because SCOTUS has always played the long game and as Trump will not live much longer – or at least not rule much longer and then SCOTUS will have to make new deals with the next administration and need the false arguments of originalism.
   **In the end – the 14th is pretty black and white and SCOTUS would be hard pressed to rule against.

2. Trump obviously tried to conduct an insurrection and coup d’etat in a desperate attempt to remain in power. His post Election Day activities up to and including his actions on January 6th were all part of it. The executive branch of the US government has always conducted a smooth transfer of power. Much like Gore in 2000, Trump utilized the courts in an attempt to challenge any election irregularities, but the courts in several states (properly) found his claims were without merit and dismissed his claims. That should have been the end of it.

   But, his alternate slate of electors schemes in several states, his coordination of illegal schemes with several members of Congress (paging Scott Perry) and finally his words and actions at the January 6th rally make him liable and guilty of insurrection thus in violation of the Constitution aka not eligible to run for elective office ever again.

   Republicans- move on to Nikki Haley.

3. You don’t have to like Trump to be appalled by the very frightening decision. If Trump can be kicked off ballot- why not Biden! This decision is more threat to democracy than Trump. The left wing of the Democratic Party has tried to stifle free speech – encouraged anti semitism and when convenient racism— they should not be allowed to steal an election. Notwithstanding present polls Trump WILL be rejected by the American people. Let the election decide who leads

4. My concern and feat is that the US House impeached Trump for his activities surrounding the Jan 6 insurrection immediately after the event and the US Senate did not convict him. The court could say that the Constitutional Processes, the highest standard, did operate and the Senate was the ultimate decision-maker. What the US Senate did was reprehensible – and could have long lasting consequences.

5. The Colorado Supreme Court’s reasoning is, as J. Michael Luttig said, “unassailable.” Section 3 of the 14th Amendment explicitly bars U.S. officials who take an oath to support the Constitution from holding office if they engage in insurrection. A president is an officer of the U.S. A president takes an oath to “preserve, protect, and defend” the Constitution. The argument that his oath did not include the word “support” is ludicrous. Furthermore, the 14th Amendment does not require that an individual be convicted of insurrection before being barred from office. The Amendment is self executing.