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re: Colorado is trying to disqualify Trump from the ballot
Posted on 9/7/23 at 11:40 am to Major Dutch Schaefer
Posted on 9/7/23 at 11:40 am to Major Dutch Schaefer
I think this is going to get lost in all the guesses on what amounts to an "insurrection", but
This case might be dead in the water on standing or ripeness grounds. I've been searching the Colorado SoS website, and I don't think any candidates have officially applied for the Republican primary yet. That may mean there is no action for the SoS to take, and no purpose for the lawsuit yet
The Complaint says Trump has declared his candidacy for President and has raised money in Colorado, and therefore he is a candidate. But I think until the SoS is in a position to decide whether Trump qualifies for the ballot, there is no legal harm or remedy.
I could be wrong. This issue will be adjudicated eventually.
This case might be dead in the water on standing or ripeness grounds. I've been searching the Colorado SoS website, and I don't think any candidates have officially applied for the Republican primary yet. That may mean there is no action for the SoS to take, and no purpose for the lawsuit yet
The Complaint says Trump has declared his candidacy for President and has raised money in Colorado, and therefore he is a candidate. But I think until the SoS is in a position to decide whether Trump qualifies for the ballot, there is no legal harm or remedy.
I could be wrong. This issue will be adjudicated eventually.
Posted on 9/7/23 at 11:42 am to AggieHank86
quote:
Ideologically, I understand this completely, which is probably why so many of our non-lawyers are struggling, too.
But you have to look at the TEXT.
Everyone is a dyed in the wool strict constructionist when their side can benefit .
Posted on 9/7/23 at 11:44 am to HVAU
Echos of 1860, also a Democrat enterprise.
Posted on 9/7/23 at 11:45 am to Indefatigable
quote:Pretty simply. I am a textualist (and strict constructionist to a lesser extent).
If it is going to be interpreted to be this narrowly addressed towards the former Confederate soldiers, how would you respond to those who say the entire Section is inoperative outside of that context? Other that "its still in there" of course. I've got that one covered
Their "original intent" was pretty-clearly to address Confederate soldiers, but the words they wrote were MUCH broader than that.
Yeah, "it's still in there" pretty much covers it.
Posted on 9/7/23 at 11:49 am to Robin Masters
quote:
The state is trying to restrict rights based without due process.
"The State" isn't doing anything. Plaintiffs are asking a State Court to enforce the US Constitution.
My point was that we already have legal instances in which people are found to have "engaged in insurrection" without a criminal trial.
Posted on 9/7/23 at 11:50 am to Robin Masters
quote:You can certainly argue that as to some, but I said for DECADES that Roe was bad law under a textualist interpretation, despite being a strong supporter of abortion rights.
Everyone is a dyed in the wool strict constructionist when their side can benefit .
For some of us, the Constitution overrides ideology.
Posted on 9/7/23 at 11:53 am to AggieHank86
quote:
But you have to look at the TEXT.
BUT IT DOESN'T SAY WHAT I WANT IT TO SAY, DAMNIT
Posted on 9/7/23 at 11:53 am to Dday63
quote:I think they are safe on "standing," but the "ripeness" question is interesting.
This case might be dead in the water on standing or ripeness grounds.
I had been thinking about the timing of the GOP nomination as a "trigger," but the same DOES seem to apply to the primary ballots.
This post was edited on 9/7/23 at 11:58 am
Posted on 9/7/23 at 11:54 am to AggieHank86
Would you support offensive action against states who kept Trump on the ballot?
Posted on 9/7/23 at 11:55 am to ShoeBang
Or that he’s a criminal. Tomato tomato
Posted on 9/7/23 at 11:55 am to Dday63
quote:
This case might be dead in the water on standing or ripeness grounds.
I have been pondering any of these cases can be truly ripe until Trump is officially nominated by the GOP.
This post was edited on 9/7/23 at 11:56 am
Posted on 9/7/23 at 11:56 am to Robin Masters
quote:Where do you GET this stuff?
Also, by definition amnesty is a pardon for people COVICTED of a crime.
I suggest that you read Lincon's Amnesty Proclamation
Posted on 9/7/23 at 12:01 pm to AggieHank86
quote:
You can certainly argue that as to some, but I said for DECADES that Roe was bad law under a textualist interpretation, despite being a strong supporter of abortion rights.
How do you square abortion with the 4th amendment then, strictly looking at the text of course?
"house" is often defined as a "place where you live" mind you.
Posted on 9/7/23 at 12:01 pm to AggieHank86
quote:You're truly out of your league.
Almost like you do not think a14.s3 exists.
There was no insurrection. If you truly believe there was one, you're an idiot.
14th Am. was put in place in part to address the "repatriated" South, as one of the three Reconstruction Amendments.
So you take a bad definition to attach it to an inapplicable law, for the sole purpose of political gain, and real men are supposed to accept this? Goes to show you've never met a real man.
Posted on 9/7/23 at 12:01 pm to GRTiger
quote:What do you mean? It seems like a silly question, TBH.
Would you support offensive action against states who kept Trump on the ballot?
If a state is a party to litigation to exclude him, and that lawsuit says to exclude him, I don't see that state refusing to do so.
Are you suggesting some sort of military action against states that do not have such lawsuits and thus do not exclude him? IF so, then my answer is obviously "no."
This post was edited on 9/7/23 at 12:05 pm
Posted on 9/7/23 at 12:03 pm to AggieHank86
quote:
Are you suggesting some sort of military action against states that do not have such lawsuits and this do not exclude him?
Maybe fight fire with fire: They try to manipulate elections to remove our choices with dishonest, flawed logic, then we take theirs off the ballots, top to bottom. We boycott them. We proceed more rapidly to our inevitable national divorce.
Posted on 9/7/23 at 12:04 pm to AggieHank86
quote:
am·nes·ty
['amn?ste, 'am?neste]
Where do you GET this stuff?
I "bing-ed" amnesty.
quote:
am·nes·ty
['amn?ste, 'am?neste]
NOUN
an official pardon for people who have been convicted of political offenses:
"an amnesty for political prisoners" · "the new law granted amnesty to those who illegally left the country"
This post was edited on 9/7/23 at 12:05 pm
Posted on 9/7/23 at 12:07 pm to VolcanicTiger
quote:As usual, you are arguing like a petulant child.
There was no insurrection. If you truly believe there was one, you're an idiot.
I have SAID (repeatedly) that I do not think J6 was an "insurrection." The discussion ITT, is (mostly) about the propriety of the lawsuit, not its ultimate result.
Posted on 9/7/23 at 12:07 pm to AggieHank86
Let me ask a different way. Could a textualist judge in Texas argue there is no standing for a case to remove him? And would that be a fair position to take?
Eta
And further, could a textualist judge rule in favor of a suit alleging Biden engaged in insurrection and remove him from the ballot?
Eta
And further, could a textualist judge rule in favor of a suit alleging Biden engaged in insurrection and remove him from the ballot?
This post was edited on 9/7/23 at 12:09 pm
Posted on 9/7/23 at 12:09 pm to Robin Masters
quote:We were discussing Lincoln's 1863 Declaration of Amnesty.
I "bing-ed" amnesty
Again, I suggest you read that document, rather than a generic internet definition of the term.
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