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re: LIVE (*now adjourned*): Supreme Court hearing case on Trump's Colorado ballot eligibility

Posted on 2/8/24 at 9:29 am to
Posted by Scruffy
Kansas City
Member since Jul 2011
73617 posts
Posted on 2/8/24 at 9:29 am to
This is a watershed moment.

If states can choose who they allow to run for federal office, this could get wildly out of hand.

If it is upheld, Texas should prevent Biden from running for president within the state.

If states want the ability to determine who can run for state office, so be it.

They can choose “how” elections should be run within their states, but the concept of them choosing “who” can run for federal office is out of the question.
This post was edited on 2/8/24 at 9:31 am
Posted by EKG
Houston, TX
Member since Jun 2010
44966 posts
Posted on 2/8/24 at 9:31 am to
Colorado hasn’t gone yet.

AP link
quote:

6 min ago
These arguments are getting hyper-technical right out of the box
BY NICHOLAS RICCARDI

The first wave of questioning is about Trump attorney Mitchell’s argument that a state can’t disqualify a candidate under Section 3, only ban someone from office — and it’s up to Congress to decide not to seat a federal official.

Chief Justice John Roberts asked Mitchell if a candidate came into an election office and said he lived out of state, could that election office bar him from the ballot?

No, Mitchell said. He later admitted this is a novel argument. “This is a one-off,” he said of the historic case.


13 min ago
First question comes from Justice Clarence Thomas
BY NICHOLAS RICCARDI

Thomas asked Mitchell whether Congress needs to pass legislation for Section 3 to work.

“It is entirely up to Congress,” Mitchell responded.

In a sign of how weird this case is, he’s citing an 1869 case decided by a then-supreme court justice who was acting as an appeal judge. There’s very little precedent here.


16 min ago
And we’re off
BY NICHOLAS RICCARDI

Arguments began with Trump’s attorney, Jonathan Mitchell, making his initial statement. “The Colorado supreme court’s decision is wrong and should be reversed for numerous, independent reasons,” Mitchell said.
This post was edited on 2/8/24 at 9:32 am
Posted by teke184
Zachary, LA
Member since Jan 2007
99597 posts
Posted on 2/8/24 at 9:31 am to
quote:

They can choose “how” elections should be run within their states, but the concept of them choosing “who” can run for federal office is out of the question.


Pretty much.


If this comes to pass, that Soros push to get people elected into SOS and AG positions will cause things to get ugly.
Posted by Scruffy
Kansas City
Member since Jul 2011
73617 posts
Posted on 2/8/24 at 9:32 am to
quote:

If this comes to pass, that Soros push to get people elected into SOS and AG positions will cause things to get ugly.
People say “slippery slope” all the time, but this is a pretty damned obvious one.
Posted by hogcard1964
Alabama
Member since Jan 2017
11742 posts
Posted on 2/8/24 at 9:34 am to
I realize this is said constantly, but if Trump's team loses this, the country is done.

If this isn't a 9-0 vote, God help us.
Posted by Lsupimp
Ersatz Amerika-97.6% phony & fake
Member since Nov 2003
82280 posts
Posted on 2/8/24 at 9:35 am to
4 ladies on the court and 2 lady men. Ominous. No way something as insignificant as the US Constitution can compete with all those feelings.
Posted by Indefatigable
Member since Jan 2019
30417 posts
Posted on 2/8/24 at 9:36 am to
quote:

When will they announce a decision?

Could be any time between now and the beginning of July.

However, I expect a decision prior to Colorado's primary on March 5.
This post was edited on 2/8/24 at 9:38 am
Posted by Scruffy
Kansas City
Member since Jul 2011
73617 posts
Posted on 2/8/24 at 9:37 am to
quote:

if Trump's team loses this, the country is done.
The precedent that would be set here is that state governments, not the electorate, can decide who is allowed to run in elections.

Conservative states can ban Democrats, progressive states can ban Republicans, for no other reason than “because”.
Posted by Y.A. Tittle
Member since Sep 2003
104887 posts
Posted on 2/8/24 at 9:37 am to
quote:

If this isn't a 9-0 vote, God help us.


There's really no way the wise Latina and that dumb black lady DON'T go with Colorado, is there?
Posted by teke184
Zachary, LA
Member since Jan 2007
99597 posts
Posted on 2/8/24 at 9:39 am to
quote:

There's really no way the wise Latina and that dumb black lady DON'T go with Colorado, is there?


It is a non-zero chance but a very low one.
Posted by Indefatigable
Member since Jan 2019
30417 posts
Posted on 2/8/24 at 9:39 am to
quote:

There's really no way the wise Latina and that dumb black lady DON'T go with Colorado, is there?

Depends on what the majority decides to do, or how many of these issues they actually want to tackle.

But yea, I would expect wise latina and KBJ to write their own opinion, dissenting at least in part.

We could get 5-6 opinions on this one, because no way Thomas and Alito don't pen their own as well.
Posted by EKG
Houston, TX
Member since Jun 2010
44966 posts
Posted on 2/8/24 at 9:40 am to
quote:

if Trump's team loses this, the country is done

That ship sailed when the federal government sued one of the fifty states for taking steps to protect itself from a foreign invasion when fedgov chose not to do so.
Posted by teke184
Zachary, LA
Member since Jan 2007
99597 posts
Posted on 2/8/24 at 9:41 am to
quote:

We could get 5-6 opinions on this one, because no way Thomas and Alito don't pen their own as well.


Putting up all the opinions side by side on this one could be enlightening.


I can see well written ones by Alito, Thomas, Kagan, etc, as well as two written in crayon by Sotomayor and Jackson Brown.
Posted by BearCrocs
Member since Aug 2013
6908 posts
Posted on 2/8/24 at 9:41 am to
Ketanji lol what a clown
Posted by teke184
Zachary, LA
Member since Jan 2007
99597 posts
Posted on 2/8/24 at 9:42 am to
It is the SCOTUS equivalent of Obama being made head of Harvard Law Review without contributing a single article.
Posted by BearCrocs
Member since Aug 2013
6908 posts
Posted on 2/8/24 at 9:43 am to
Also, why are the justices not letting the attorney respond in full? They keep cutting him off.. Jesus
Posted by Indefatigable
Member since Jan 2019
30417 posts
Posted on 2/8/24 at 9:43 am to
quote:

It is the SCOTUS equivalent of Obama being made head of Harvard Law Review without contributing a single article.


I find it interesting that the one liberal judge on the court that had no prior judicial experience and came from academia (Kagan) is the most rational and constitutionally-oriented of the three.
This post was edited on 2/8/24 at 9:44 am
Posted by ArHog
Gulf Coast
Member since Jan 2008
34705 posts
Posted on 2/8/24 at 9:43 am to
quote:

Conservative states can ban Democrats, progressive states can ban Republicans, for no other reason than “because”.


What a clusterfrick this would be.
Posted by teke184
Zachary, LA
Member since Jan 2007
99597 posts
Posted on 2/8/24 at 9:45 am to
Kagan serving as Solicitor General meant she actually had to be able to argue based on the law in front of the Supreme Court.

I’d say that tightened her skills more than ruling on racist fireman qualification exams in the northeast.
Posted by Fun Bunch
New Orleans
Member since May 2008
119757 posts
Posted on 2/8/24 at 9:45 am to
quote:

First question comes from Justice Clarence Thomas



That is HIGHLY unusual. I mean...I'm sure one can count on one hand the amount of times this is happened his entire time on the Court.
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