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re: Colorado is trying to disqualify Trump from the ballot

Posted on 9/7/23 at 11:40 am to
Posted by Dday63
Member since Sep 2014
2393 posts
Posted on 9/7/23 at 11:40 am to
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.
Posted by Robin Masters
Birmingham
Member since Jul 2010
35929 posts
Posted on 9/7/23 at 11:42 am to
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 by Stealth Matrix
29°59'55.98"N 90°05'21.85"W
Member since Aug 2019
11706 posts
Posted on 9/7/23 at 11:44 am to
Echos of 1860, also a Democrat enterprise.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 9/7/23 at 11:45 am to
quote:

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
Pretty simply. I am a textualist (and strict constructionist to a lesser extent).

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 by Dday63
Member since Sep 2014
2393 posts
Posted on 9/7/23 at 11:49 am to
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 by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 9/7/23 at 11:50 am to
quote:

Everyone is a dyed in the wool strict constructionist when their side can benefit .
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.

For some of us, the Constitution overrides ideology.
Posted by Indefatigable
Member since Jan 2019
37349 posts
Posted on 9/7/23 at 11:53 am to
quote:

But you have to look at the TEXT.

BUT IT DOESN'T SAY WHAT I WANT IT TO SAY, DAMNIT
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 9/7/23 at 11:53 am to
quote:

This case might be dead in the water on standing or ripeness grounds.
I think they are safe on "standing," but the "ripeness" question is interesting.

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 by GRTiger
On a roof eating alligator pie
Member since Dec 2008
71203 posts
Posted on 9/7/23 at 11:54 am to
Would you support offensive action against states who kept Trump on the ballot?
Posted by giroda
Member since Aug 2023
39 posts
Posted on 9/7/23 at 11:55 am to
Or that he’s a criminal. Tomato tomato
Posted by Indefatigable
Member since Jan 2019
37349 posts
Posted on 9/7/23 at 11:55 am to
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 by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 9/7/23 at 11:56 am to
quote:

Also, by definition amnesty is a pardon for people COVICTED of a crime.
Where do you GET this stuff?

I suggest that you read Lincon's Amnesty Proclamation
Posted by Robin Masters
Birmingham
Member since Jul 2010
35929 posts
Posted on 9/7/23 at 12:01 pm to
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 by VolcanicTiger
Member since Apr 2022
5933 posts
Posted on 9/7/23 at 12:01 pm to
quote:

Almost like you do not think a14.s3 exists.
You're truly out of your league.

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 by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 9/7/23 at 12:01 pm to
quote:

Would you support offensive action against states who kept Trump on the ballot?
What do you mean? It seems like a silly question, TBH.

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 by VolcanicTiger
Member since Apr 2022
5933 posts
Posted on 9/7/23 at 12:03 pm to
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 by Robin Masters
Birmingham
Member since Jul 2010
35929 posts
Posted on 9/7/23 at 12:04 pm to
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 by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 9/7/23 at 12:07 pm to
quote:

There was no insurrection. If you truly believe there was one, you're an idiot.
As usual, you are arguing like a petulant child.

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 by GRTiger
On a roof eating alligator pie
Member since Dec 2008
71203 posts
Posted on 9/7/23 at 12:07 pm to
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?
This post was edited on 9/7/23 at 12:09 pm
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 9/7/23 at 12:09 pm to
quote:

I "bing-ed" amnesty
We were discussing Lincoln's 1863 Declaration of Amnesty.

Again, I suggest you read that document, rather than a generic internet definition of the term.
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