this post was submitted on 20 Dec 2023

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

submitted 10 months ago by [email protected] to c/[email protected]

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[–] [email protected] 6 points 10 months ago (2 children)

This is all a bit silly, since Trump can easily appeal before Jan 4, and the SCOTUS won't render a verdict that quickly. So he can ensure that he will be on the ballot, and voters will have the option to select Trump on their ballot, regardless of what the courts say.

What's interesting is that Trump may be afraid to lose the appeal, which would mean that the SCOTUS has either agreed with the Colorado supreme court, or at the very least refused to overrule them. If that happens, other states may use the precedent to remove his name from the general election ballots. That could be why the GOP would prefer to simply ignore the primary results and use a caucus to choose delegates, rather than appeal the ruling. The party has a lot of leeway when selecting a candidate, but federal election law it much less flexible. So concede Colorado for the general election, or fight it and maybe lose the possibility of holding office at all.

[–] [email protected] 2 points 10 months ago (2 children)

I don't think the supreme Court has the power to tell states how they run their elections as long as they aren't being run contrary to the Constitution.

[–] [email protected] 4 points 10 months ago

Bush v Gore established the precedent that they could.

[–] [email protected] 2 points 10 months ago

The state is using a federal amendment to justify his removal from the ballot - I'd imagine that's more than enough for SCOTUS to claim jurisdiction

[–] [email protected] 2 points 10 months ago (1 children)

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 10 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.