Colorado Supreme Court vs. President Trump – Calm Down
The Colorado Supreme Court ruled today, 4 – 3, that President Trump cannot be on the Colorado 2024 Republican Primary Ballot.
1 – 2 – 3: Deep Breath. Exhale. Relax.
Relax.
Jonathan Turley, one of the greatest legal minds of our time, has three Posts on Twitter briefly covering the ruling, below.
It's notable that the majority opinion, as Turley indicates, is “Unsigned”. Meaning that none of the four Justices constituting the majority wanted to take credit/blame for its slipshod rationale.
There are three Dissenting opinions. One by the Chief Justice of the Colorado Supreme Court (beginning at page 135 of the PDF), one by Justice Samour (beginning at page 146 of the PDF), and a third by Justice Berkenkotter (beginning at page 189 of the PDF).
In Colorado, unlike many States and the US Supreme Court, there are only 7 Justices. Meaning it was a 4 – 3 Decision. Carrying less weight than had it been a 6 – 3 Decision.
Here's an important part that you might have missed (because it wasn't included) in many of the “news” reports. At PDF page 134 of the Decision, the Colorado Supreme Court states:
“But we stay or ruling until January 4, 2024 (the day before the Secretary’s deadline to certify the content of the presidential primary ballot). If review is sought in the Supreme Court before the stay expires, it shall remain in place, and the Secretary will continue to be required to include President Trump’s name on the 2024 presidential primary ballot until the receipt of any order or mandate from the Supreme Court.”
In other words, all that has to happen is that an Appeal of the Decision be Filed with the US Supreme Court by January 3, 2024. The US Supreme Court doesn't have to make any ruling, or even have to make a decision on whether they will accept the case. Just that the paperwork be Filed. Rest assured, that paperwork will be.
I very much look forward to reading Turley’s full analysis, which should be out in a day or two, of the four Opinions. In the meantime:
Jonathan Turley Tweets:
The Colorado Supreme Court has issued an unsigned opinion disqualifying Trump from the ballot: "The sum of these parts is this: President Trump is disqualified from holding the office of President under Section Three; because he is disqualified."
https://courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA300.pdf
It is striking that the court relies on Schenck v. U.S., where the Court upheld the denial of core free speech rights of a socialist opposing a war. The opinion of the Colorado Supreme Court is so sweeping that it would allow for tit-for-tat removals of candidates from ballots
The opinion is remarkable in how the four justices adopted the most sweeping interpretations to get over each barrier. The result is lack of a limiting principle. I view the opinion as strikingly anti-democratic in what it now allows states to do in blue and red states alike.
Substack Permalink:
https://terrylclark.substack.com/p/colorado-supreme-court-vs-president
1 – 2 – 3: Deep Breath. Exhale. Relax.
Relax.
Jonathan Turley, one of the greatest legal minds of our time, has three Posts on Twitter briefly covering the ruling, below.
It's notable that the majority opinion, as Turley indicates, is “Unsigned”. Meaning that none of the four Justices constituting the majority wanted to take credit/blame for its slipshod rationale.
There are three Dissenting opinions. One by the Chief Justice of the Colorado Supreme Court (beginning at page 135 of the PDF), one by Justice Samour (beginning at page 146 of the PDF), and a third by Justice Berkenkotter (beginning at page 189 of the PDF).
In Colorado, unlike many States and the US Supreme Court, there are only 7 Justices. Meaning it was a 4 – 3 Decision. Carrying less weight than had it been a 6 – 3 Decision.
Here's an important part that you might have missed (because it wasn't included) in many of the “news” reports. At PDF page 134 of the Decision, the Colorado Supreme Court states:
“But we stay or ruling until January 4, 2024 (the day before the Secretary’s deadline to certify the content of the presidential primary ballot). If review is sought in the Supreme Court before the stay expires, it shall remain in place, and the Secretary will continue to be required to include President Trump’s name on the 2024 presidential primary ballot until the receipt of any order or mandate from the Supreme Court.”
In other words, all that has to happen is that an Appeal of the Decision be Filed with the US Supreme Court by January 3, 2024. The US Supreme Court doesn't have to make any ruling, or even have to make a decision on whether they will accept the case. Just that the paperwork be Filed. Rest assured, that paperwork will be.
I very much look forward to reading Turley’s full analysis, which should be out in a day or two, of the four Opinions. In the meantime:
Jonathan Turley Tweets:
The Colorado Supreme Court has issued an unsigned opinion disqualifying Trump from the ballot: "The sum of these parts is this: President Trump is disqualified from holding the office of President under Section Three; because he is disqualified."
https://courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA300.pdf
It is striking that the court relies on Schenck v. U.S., where the Court upheld the denial of core free speech rights of a socialist opposing a war. The opinion of the Colorado Supreme Court is so sweeping that it would allow for tit-for-tat removals of candidates from ballots
The opinion is remarkable in how the four justices adopted the most sweeping interpretations to get over each barrier. The result is lack of a limiting principle. I view the opinion as strikingly anti-democratic in what it now allows states to do in blue and red states alike.
Substack Permalink:
https://terrylclark.substack.com/p/colorado-supreme-court-vs-president
posted by TLC's Place at 9:40 PM
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