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Supreme Court Faces 'Ironclad' Argument in Trump Colorado Case: Strategist
Newsweak ^ | Dec 26, 2023 | Thomas Kika

Posted on 12/27/2023 4:13:47 AM PST by where's_the_Outrage?

The Supreme Court will likely face difficult legal maneuvering if its justices wish to return Donald Trump to the ballot in Colorado, a legal analyst argued, given the "ironclad" originalist argument at the heart of the ruling.

Trump, the former president who is currently the leading candidate for the 2024 GOP presidential nomination, was ruled ineligible to appear on ballots in Colorado last week following a ruling from the state's Supreme Court. The justices ruled in favor of petitioners who argued that Trump's actions around the January 6, 2021, riot at the U.S. Capitol disqualified him from holding elected office, per the terms of the 14th Amendment.

Section 3 of the 14th Amendment prohibits those who have sworn to uphold the Constitution and then engage in insurrection from holding office again. It was drafted initially to keep former Confederates out of office after the Civil War and has been cited in numerous Trump ballot challenges. This ruling out of Colorado is the first one to find any success.

"Using cherry-picked, false, and bad-faith history, originalism has been the pure pretext for overturning Roe, dismantling commonsense gun regulations, ending environmental regulation, gutting consumer protection, and voiding voting and civil rights," Blumenthal wrote.

"Textualism is the sister doctrine of originalism, providing snatches of text from the constitution divorced from social and legislative context as if in scriptural fundamentalism to undergird the reversal of rights...It works hand in hand with originalism to exclude inconvenient portions of the historical record from judicial consideration."

He added: "The Colorado Supreme Court found, without disagreement, and by clear and convincing evidence, that Trump indeed engaged in insurrection on January 6.

(Excerpt) Read more at newsweek.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections; US: Colorado
KEYWORDS: 2024election; coloradoballot; insurrection; newsweak; scotus; sidneyblumenthal; thomaskika; trump; weaknews
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"The Colorado Supreme Court found, without disagreement, and by clear and convincing evidence, that Trump indeed engaged in insurrection on January 6.

The court without the defendant, formal charges, or trial by jury found Trump guilty of insurrection. Which an originalist to the Constitution can say Trump did not get his day in court violating his Constitutional rights.
1 posted on 12/27/2023 4:13:47 AM PST by where's_the_Outrage?
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To: where's_the_Outrage?

Just another Liberal with an opinion.


2 posted on 12/27/2023 4:16:16 AM PST by mfish13 (Elections have Consequences.)
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To: where's_the_Outrage?

I love the smell of desperation in the morning!


3 posted on 12/27/2023 4:16:42 AM PST by Aevery_Freeman (I didn't mis-gender you, You did!)
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To: where's_the_Outrage?

“The Colorado Supreme Court found, without disagreement...”

I coulda swore it was 4-3 🤔


4 posted on 12/27/2023 4:17:16 AM PST by V_TWIN (America...so great even the people that hate it refuse to leave!)
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To: where's_the_Outrage?

This author is a typical fraudulent leftists. There is a major problem in the 14th A attack on President Trump which of course is a conviction.


5 posted on 12/27/2023 4:17:56 AM PST by jmaroneps37 (Freedom is never free. It must be won rewon and jealously guarded.)
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To: Aevery_Freeman

Setting up the “the scotus was rigged against Jack smith by Trump judges” excuse.


6 posted on 12/27/2023 4:18:33 AM PST by V_TWIN (America...so great even the people that hate it refuse to leave!)
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To: V_TWIN

Who is little Tommy tryin’ to convince....us, or himself?


7 posted on 12/27/2023 4:20:43 AM PST by V_TWIN (America...so great even the people that hate it refuse to leave!)
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To: where's_the_Outrage?

It’s not the law but the facts that doom the Colorado decision.


8 posted on 12/27/2023 4:20:51 AM PST by Spok (It takes a lot of learning to understand how little we know. (Paraphrasing Thomas Sowell.))
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To: mfish13

This article should come with a laugh track


9 posted on 12/27/2023 4:22:28 AM PST by V_TWIN (America...so great even the people that hate it refuse to leave!)
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To: where's_the_Outrage?

Sidney Blumenthal? Come on newsweek. Can’t you do better than that?


10 posted on 12/27/2023 4:23:43 AM PST by PhillyPhreeper
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To: where's_the_Outrage?

> The Colorado Supreme Court found, without disagreement, and by clear and convincing evidence, that Trump indeed engaged in insurrection on January 6. <

Where in the Constitution does it say that a state body can declare an insurrection? If this idiocy stands, then any state (and perhaps any city) can declare an insurrection, and bump off the ballot anyone they wish.

But the Constitution does prohibit ex post facto laws, made by either Congress or the states. And that’s exactly what we are seeing in Colorado, an ex post facto law.


11 posted on 12/27/2023 4:24:36 AM PST by Leaning Right (The steal is real.)
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To: where's_the_Outrage?

Up is down and left is right in Liberal Land.


12 posted on 12/27/2023 4:26:17 AM PST by mbrfl
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To: where's_the_Outrage?

They forgot “without evidence “


13 posted on 12/27/2023 4:26:43 AM PST by 11th_VA (<>< Good News: Barbarians at not at the gate; Bad News: They’re in the city)
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To: where's_the_Outrage?

LOL at this guy’s opinion.

Let’s see.....it doesn’t apply to the president.

It only applied in the post civil war era and even this provision was eventually waived anyway.

Trump was never even charged with let along convicted of “insurrection”.

There was no “insurrection”.

That’s just for starters. The reality is the 14th amendment was never legitimately passed - but no SCOTUS would ever have the balls to rule that way even though its true.


14 posted on 12/27/2023 4:29:18 AM PST by FLT-bird
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To: where's_the_Outrage?

Don’t be suckered by the label “originalist” because the 14th Amendment never originally, and still doesn’t, applied to the President.


15 posted on 12/27/2023 4:34:57 AM PST by CodeToad (Rule #1: The elites want you dead.)
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To: jmaroneps37

Not to mention the authors of the 14th specifically and intentionally excluded the President or SCOTUS.


16 posted on 12/27/2023 4:35:02 AM PST by ProtectOurFreedom (“Occupy your mind with good thoughts or your enemy will fill them with bad ones.” ~ Thomas More)
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To: Leaning Right

BTTT


17 posted on 12/27/2023 4:35:19 AM PST by nopardons
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To: where's_the_Outrage?

Trump was found guilty of what he was accused. The CO Supreme Court is a sick joke. They should be driven from office in disgrace.


18 posted on 12/27/2023 4:37:16 AM PST by DeplorablePaul
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To: FLT-bird

NOBODY was charged with let along convicted of “insurrection”. Not just President Trump.


19 posted on 12/27/2023 4:37:24 AM PST by ProtectOurFreedom (“Occupy your mind with good thoughts or your enemy will fill them with bad ones.” ~ Thomas More)
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To: where's_the_Outrage?

If the evidence were so clear, why did only four of seven Democrat judges vote to remove his name from the ballot?


20 posted on 12/27/2023 4:38:09 AM PST by Lonesome in Massachussets (Perdicaris alive or Raisuli dead!)
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