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Wednesday or other SCOTUS experts, is this a trap?

Posted on 12/19/23 at 7:48 pm
Posted by anc
Member since Nov 2012
18006 posts
Posted on 12/19/23 at 7:48 pm
Elections are state issues. If SCOTUS reverses this will it give precedent for elections to be federal?

Example: Down the road, fed gov wants to ban voter ID or make early voting and mail in voting nationwide. Will they vote this Trump v.Colorado case?
Posted by Nosevens
Member since Apr 2019
10260 posts
Posted on 12/19/23 at 7:49 pm to
State issue to vote not one to block voting rights
Posted by SloaneRanger
Upper Hurstville
Member since Jan 2014
7633 posts
Posted on 12/19/23 at 7:50 pm to
No. This is a separate issue.
Posted by oogabooga68
Member since Nov 2018
27194 posts
Posted on 12/19/23 at 7:51 pm to
With this sort of nefarious, insane ruling from the Democrats, what's to stop States from putting some REALLY restrictive rights on candidates and who can actually vote?

Democrats are fking Nazis.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98494 posts
Posted on 12/19/23 at 7:52 pm to
quote:

Elections are state issues


Yes, and no. This is not about the mechanisms of the voting process, but candidate qualifications.

In that regard, federal elections are federal.

Also, this was an application of Federal Law (Constitution [14th Amendment]).
Posted by Robin Masters
Birmingham
Member since Jul 2010
29649 posts
Posted on 12/19/23 at 7:54 pm to
I can certainly see them baiting republicans into removing Biden as retaliation and then going full lawfare against anyone who was involved, much like Jan 6. The media will forget who did it initially and republicans will be painted as anti-democracy.
Posted by BeepNode
Lafayette
Member since Feb 2014
10005 posts
Posted on 12/19/23 at 7:56 pm to
....
This post was edited on 12/31/23 at 10:59 pm
Posted by BobBoucher
Member since Jan 2008
16716 posts
Posted on 12/19/23 at 7:58 pm to
quote:

This is not about the mechanisms of the voting process, but candidate qualifications. In that regard, federal elections are federal.


Exactly. Each state can’t have its own candidate qualification criteria.

Otherwise you’d never get a candidate to appear on all 50 ballots.

That’s why this is doomed at SCOTUS.

What will be great will be the epic bitch-slapping in their opinion.

Can’t wait to read it and the ensuing melts from progs and demands to pack the court.
Posted by johnnyrocket
Ghetto once known as Baton Rouge
Member since Apr 2013
9790 posts
Posted on 12/19/23 at 8:01 pm to
It just similar to 1960’s saying an African American or woman cannot run due to race or color of their skin.
If someone qualifies they should be able to run. This is a slippery slope.
Posted by boosiebadazz
Member since Feb 2008
80185 posts
Posted on 12/19/23 at 8:10 pm to
It’s more of a substantive due process issue than it is a state election issue.
Posted by LuckyTiger
Someone's Alter
Member since Dec 2008
45171 posts
Posted on 12/19/23 at 8:14 pm to
There are a few issues here. Substantive due process is the most significant one imo.

I’ve been intrigued just thinking about the brief tonight.
Posted by boosiebadazz
Member since Feb 2008
80185 posts
Posted on 12/19/23 at 8:19 pm to
Once they started broaching this as an avenue of attack, this needed to happen. It’s early enough in the cycle that SCOTUS can slap it down and move on.
Posted by RobbBobb
Matt Flynn, BCS MVP
Member since Feb 2007
27878 posts
Posted on 12/19/23 at 8:30 pm to
quote:

Elections are state issues. If SCOTUS reverses this will it give precedent for elections to be federal?

So you slept thru the 2000 election?

The Supremes took over the state of Flas procedure to select their own electors. The decision to overturn CO would be far less intrusive than 2000
This post was edited on 12/19/23 at 8:37 pm
Posted by memphisplaya
Member since Jan 2009
85790 posts
Posted on 12/19/23 at 8:32 pm to
1. This is a trap but not the kind you’re thinking.
They want the right to react with violence/protests

2. If you read the ruling they will “stay the ruling until Jan 4th pending USSC rule.” They know exactly what the ruling would be and don’t care

All state ballot options must be In by The 5th.

They want an extreme reaction. That’s it
Posted by tigeraddict
Baton Rouge
Member since Mar 2007
11795 posts
Posted on 12/19/23 at 9:02 pm to
USSC already ruled Cali can’t deny ballot by requesting tax returns…..
Posted by BayouBlitz
Member since Aug 2007
15841 posts
Posted on 12/19/23 at 9:45 pm to
quote:

Wednesday or other SCOTUS experts


I literally spit my beer out.
Posted by Dday63
Member since Sep 2014
2297 posts
Posted on 12/19/23 at 9:58 pm to
quote:


If someone qualifies they should be able to run. This is a slippery slope.


This is about being qualified to run under the Constitution. This is not Colorado making up its own rules.

The 14th Amendment has added a qualification to running for State and Federal offices. That qualification is essentially not violating an oath you took by engaging in insurrection.

There is an open legal question whether this additional qualification applies to former Presidents and people seeking the office of President, but Colorado has interpreted the Amendment as including Trump.

If Arnold Schwarzenegger applied to be on the CO ballot, the SOS would be right to leave him off the ballot since he was not born in the US. If she planned to include him on the ballot, then the CO courts would need to get involved.

One can certainly argue whether this Constitutional provision applies to POTUS, and whether Trump engaged in insurrection.

But one cannot really argue whether CO should enforce the Constitutionally mandated qualifications for office.
Posted by Cosmo
glassman's guest house
Member since Oct 2003
120178 posts
Posted on 12/19/23 at 10:04 pm to
quote:

What will be great will be the epic bitch-slapping in their opinion.


Will it be 5-4 or 6-3?
Posted by dafif
Member since Jan 2019
5539 posts
Posted on 12/19/23 at 10:06 pm to
How can a state court determine a federal criminal insurrection statute using the state civil laws for burden of proof?

Posted by beachdude
FL
Member since Nov 2008
5625 posts
Posted on 12/19/23 at 10:11 pm to
quote:

Will it be 5-4 or 6-3


It would not surprise me were it 9-0.
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