Colorado GOP threatens to withdraw from or ignore state’s presidential primary if Trump isn’t on the ballot (coloradosun.com)

submitted 9 months ago by [email protected] to c/[email protected]

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[-] [email protected] 2 points 9 months ago

SCOTUS can move quickly if they want to. Bush v Gore was decided by the Florida Supreme Court on December 8. SCOTUS held oral arguments on December 11, and issued their ruling on December 12.

That was also a much less anticipated issue. The court had no way of knowing ahead of time that the outcome of the presidential election would depend on their interpratatation of recount law.

In this case, we have known for years that Trump was the presumptive nominee; and that his eligibility was going to be challenged under the 14th amendment. While the precise procedural path that question took to get to them could not have been predicted, there is no way that they have not already given thought to the substance of the 14th amendment challenge. 2 weeks is plenty of time for them to issue a ruling.

[-] [email protected] 1 points 9 months ago

But they don't have two weeks. The SCOTUS doesn't have any scheduled argument or conference days left on the calendar before the fifth, and there are two federal holidays between now and the fifth. And Trump has yet to file an appeal.

It also doesn't require immediate reaction from the SCOTUS unless they want to strike him from the ballot. The Colorado court issued its own stay pending appeal, which was a brilliant maneuver. Trump must appeal to stay on the ballot, and if there is an appeal, it doesn't require an expedited shadow docket emergency stay.

I still think the decision comes down favoring Trump 5-4, maybe 5-3 if Gorsuch recuses himself to avoid flip-flopping. But that's only because we have an illegitimate court stacked with perjurers and lackeys bought and paid for.

this post was submitted on 20 Dec 2023

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