Like many, we listened to the arguments before the US Supreme Court detailing the issue of a state’s right to remove individuals from their ballot. As of this posting (2/9/24), SCOTUS has not rendered a decision but the “experts” all seem to think that the Colorado Supreme Court decision to keep Mr. Trump off their state ballot will be overturned. Here are some comments we think worth noting: (1) The US Constitution contains a “supremacy clause” which basically says that any specific issue, topic or matter not expressly enumerated in the US Constitution shall be allowed to the states for their handling. For all of our history–as states joined the union–the US Supreme Court has allowed each state to determine who it will allow on its ballot. IF THE US SUPREME COURT NOW VACATES THAT TRADITIONAL VIEW, ALL STATES WILL LOSE THEIR RIGHT TO DECIDE WHO MAKES IT TO THEIR BALLOT. They also, in effect, surrender the voting process in their state as well because SCOTUS will have precedence that they, SCOTUS, make the rules. This disenfranchises the states and their majority voters by reducing the voice of the citizenry. (2) The Colorado Supreme Court DID NOT QUOTE THE 14th AMENDMENT OF THE US CONSTITUTION WHEN DISQUALIFYING TRUMP. It simply said that “participation in an insurrection is a disqualifier and we believe that Trump did, in fact, participate in an insurrection”. Because such action is grounds for removal from the ballot in Colorado, the Colorado court–following its own guidelines– made the decision to remove Trump. THERE WAS NO NEED TO INVOLVE THE 14th AMENDMENT OF THE US CONSTITUTION. This voids the SCOTUS view that states may not use the Federal Constitution as a basis to disqualify–Colorado used its own rules. (3) SCOTUS is playing political game of prophesying when it suggests that other states will challenge Joe Biden’s appearance on their ballots if Trump is allowed to be removed from Colorado’s (and other “blue” state) ballots. It is not the job of SCOTUS to act politically. They are the highest legal authority in America–but LEGAL ONLY. They should not decide ANY question on its political possibilities. If other states retaliate against Joe Biden, then SCOTUS can act immediately to correct the possible implications on a national election. But to overturn a state Supreme Court on the basis of “what might happen” seems to say “we think you’re right but we’re concerned about how it would change the voting landscape”. THAT IS NOT THEIR JOB. (4) The sore spot in this process is labelling the former president as an “insurrectionist”. By upholding the Colorado decision, SCOTUS would be at least acknowledging that Trump was involved in what a major court (that is, the Colorado Supreme Court) thought was an insurrection. SCOTUS–aware of several indicted charges in various Federal courts–does not want to lend any weight to the presumption that they believe Trump guilty of insurrection. Again, this imagery is NOT or SHOULD NOT BE a concern of SCOTUS. It seems SCOTUS is willing to discredit the legal system, rules and personnel of Colorado to preserve the open question of “is Trump an insurrectionist or not”. (5) Big picture. Imagine for just a moment that a candidate for president is actually under investigation as a potential insurrectionist. All of the Confederacy members committed insurrection. And to even consider whether a presidential candidate might find himself in the same category as Jefferson Davis or Robert E. Lee should be a sobering fear. Even if Trump beats this charge–are you really ready to vote for a candidate who could conceivably be categorized as a “traitor”? He wants to eliminate the Constitution–does that give you any hints? (6) Finally, it is really scary that all the experts expect SCOTUS to rule against Colorado. Very few agree that Trump will be disqualified. But almost all legal scholars believe that he should be disqualified. The scandal-laden US Supreme Court will make the binding decision that a possible “traitor” can be placed on the ballot for president of the United States. Keep that in mind when you vote in November.
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