20 December 2023

Trump DQ case

  I think it's pretty telling that the Colorado Supreme Court, which I understand is all mainstream (as opposed to "Federalist Society") judges, voted 4-3 in the Trump DQ case. This is not a clear cut Constitutional case where only one decision is obviously reasonable and the other way isn't. So, given that we have at least 2 justices on the US SC who vote on power, not principle, and it's a 6-3 "Federalist Society" majority, I will be surprised, maybe even shocked, if the court doesn't knock this down and establish a Bush v. Gore-like supposedly nonprecedential precedent that says either that a president isn't an "officer" of the US (which I regard as ridiculous) or that in the undisputed factual circumstances of this case the provisions of the 14th amendment do not apply. I disagree with that, but it's easy to see how they could tailor a ruling to that effect, and that's exactly what I expect. Maybe, just maybe, it's better anyway for our ailing democracy if we rally to defeat Trump at the ballot box. I suspect we're going to find out if we are able to do that regardless, as the Supreme Court really is highly likely to overrule Colorado. 

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