11 thoughts on “Saving “Our Democracy””

  1. The last time the Democrats were successful in keeping a Republican off the ballot in states they controlled, the Republican candidate still won. And the Democrat reaction to that was to try and start their own country and ended up with a war instead. Seems the Supreme Court here in Califrado has decided that Florida’s 2000 Supreme Court decisions are model they want to surpass.

  2. IMHO: This won’t pass muster with the US Supreme Court because of a due process violation. We will probably get clarification by SCOTUS on who has the authority to convict one of insurrection against the United States. I suspect they will rule it has to be exclusionary to the Federal Courts not a State Court or Courts. This falls under the Supremacy Clause (Article 6, Clause 2 US Constitution) since we are dealing with a topic (insurrection) specifically addressed by an amendment to the US Constitution. Thus Federal Courts shall have preeminence. The Colorado State District Court ruling that Trump committed an act of insurrection and the Colorado State Supreme Court ruling striking Trump from the Colorado ballot will both be struck as the lower court ruled in an area of which it has no jurisdiction and the other ruling was based upon “Erroneous Foundation”.

    1. It could get even more “un-democratic”, because I wouldn’t be surprised that a single Justice has only to issue a “stay” of the Colorado Supreme Court ruling until the SCOTUS has made a ruling. Which by all accounts I assume will not happen before the Jan 5th deadline to print Colorado ballots. So ONE single Justice on the SCOTUS can override the 7 member SCOTSOC and put Trump back on the Colorado primary ballot! Democracy in action?

      1. Saw Prof. Dershowitz’s recent video on this topic. His take is the amendment, as written, in Section 5 leaves it up to the US Congress to pass enabling legislation to decide who has committed a disqualifying rebellion or insurrection under Section 3. [Which it never has] Also as he points out, Section 3 ENUMERATES that Representatives and Senators are subject to the provision but EXCLUDES mention of the President (or Vice-President). The SCOTSOC has decided to interpret the amendment to include the President as an “…officer of the United States…”, but clearly that was not the intent, in face of such a glaring and obvious exclusion. He points out that one must also take into consideration the historical context of the time that Amendment was written. It was being pushed by the “Radical Republicans” from the victorious North as a means to prevent returning legislators from the rebellious States from thwarting Reconstruction.

        It seems clear to me that the SCOTUS will vacate this ruling, probably in February. Long after Trump appears on the Colorado primary ballot due to a prior SCOTUS issued stay. It will be interesting to see which Justice stands up. The SCOTSOC has already enacted a stay of this order, waiting action from SCOTUS but the Colorado judicial stay expires on Jan 4th for obvious reasons.

        BTW I was wrong about the Colorado District Court judge’s ruling. In that matter the judge found that Trump did commit an act of insurrection on Jan 6 2021 (a matter I’ve already reviewed and is clearly not within her purview to decide) but that the vague wording of the 14th Amendment is not clear that it applies to a candidate for the Presidency. Especially in light that Congress never passed any enabling legislation on this specific topic. Therefore she ruled against taking Trump off the ballot which was subsequently appealed to the SCOTSOC. I think she got that latter part right but the SCOTSOC got wrong. I think it is interesting to note that the 7 member SCOTSOC, all Democrat appointees, split 4-3 on the judgement.

        1. Actually BEFORE the Colorado Primary in March but AFTER the ballots have been printed.

          I suppose there is always white tape…

          1. Trump should make multiple campaign stops in Colorado.
            Shove it in their face, since the other end is obviously obstructed.

  3. Robert F. Kennedy, Jr. had this to say:

    “If Trump is kept out of office through judicial fiat rather than being defeated in a fair election, his supporters will never accept the result,” he added. “This country will become ungovernable. It’s time to trust the voters. It is up to the people to decide who the best candidate is. Not the courts. The people. That’s Democracy 101.”

    That’s pretty ominous.

    1. If the people get fed up enough there are all sort of civil resistance tactics that can be employed.

      One is asking EVERYONE to wait until April 15th to file their tax returns. The system couldn’t handle it.

  5. “It’s time to trust the voters.”

    The only thing the Democrats and Republicans agree on is NOT trusting the voters.

Comments are closed.