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re: Place your bets now for what SCOTUS does with the Colorado Ballot case

Posted on 1/7/24 at 9:48 am to
Posted by Speedoj
St. George, LA
Member since Mar 2022
146 posts
Posted on 1/7/24 at 9:48 am to
I agree with you on the 7-2 reversal, but add that the decision will be published in the WAPO 24 hrs. before it is released by Roberts.
Posted by Longhorn Actual
Member since Dec 2023
939 posts
Posted on 1/7/24 at 9:49 am to
quote:

This is a fresh Constitutional issue with no real precedents.


No shite. Gee, I wonder why.
Posted by Jcpau
Member since May 2020
159 posts
Posted on 1/7/24 at 9:53 am to
It just seems to be slam dunk.States do not have the authority to interfere with Federal elections.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423378 posts
Posted on 1/7/24 at 10:00 am to
quote:

States do not have the authority to interfere with Federal elections.




States have immense authority to regulate elections. The Supreme Court has recently given the states incredible powers in this area. A Presidential election isn't even a "federal" election. Electors who vote for the President are chosen via state election.
Posted by BobBoucher
Member since Jan 2008
16775 posts
Posted on 1/7/24 at 10:01 am to
quote:

They will soundly reject it. 9-0 or 8-1 with Soto being the lone dissenter. It won’t be close. It’s patently absurd on its face.


Completely agree. For me the question is what precedent are they looking to establish?

One where a POTUS cannot be criminally charged while in office (which I think is the right answer - that’s what impeachments and elections are for - esp given the adage - “show me the man and I’ll show you the crime”. It makes political targeting reality )

Or do they intentionally leave that door open?
This post was edited on 1/7/24 at 10:03 am
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423378 posts
Posted on 1/7/24 at 10:05 am to
quote:

One where a POTUS cannot be criminally charged while in office (which I think is the right answer - that’s what impeachments and elections are for - esp given the adage - “show me the man and I’ll show you the crime”. It makes political targeting reality )

Or do they intentionally leave that door open?

We're talking about the Colorado case. None of that will be addressed in the majority opinion.

Now the DC case? They will have to decide a lot of those issues.
Posted by RCDfan1950
United States
Member since Feb 2007
35000 posts
Posted on 1/7/24 at 10:11 am to
They are between a legal rock and a hard place, W, as if they do not slap this down then it opens the floodgates for Red States following suit re Dem candidates and the whole electoral system imploding. As a legit power, they would lose credibility.

And like with Roe v Wade, if they do the right thing to avert electoral dysfunction, then the Left screams bloody murder and pushes their 'stack the Court' MO.

Runaway train.
Posted by BHTiger
Charleston
Member since Dec 2017
5076 posts
Posted on 1/7/24 at 10:23 am to
Isn't that like 95% of the way decisions come down? With someone different writing the majority opinion.
Posted by bluedragon
Birmingham
Member since May 2020
6674 posts
Posted on 1/7/24 at 10:23 am to
The reason for the delay is based on research necessary to support the overwhelming opinion in denying the states from overturning Democracy in America. The Democrats want to deny the American public in the right to vote.

8-1 or 9-0 .....
Posted by mtntiger
Asheville, NC
Member since Oct 2003
26665 posts
Posted on 1/7/24 at 10:38 am to
Two justices will definitely side with Colorado, and they were diversity appointments.
Posted by Stealth Matrix
29°59'55.98"N 90°05'21.85"W
Member since Aug 2019
7921 posts
Posted on 1/7/24 at 10:45 am to
Reversed 8-1, with Affirmative Action Jackson being the dissenter.
Posted by BamaCoaster
God's Gulf
Member since Apr 2016
5307 posts
Posted on 1/7/24 at 10:46 am to
quote:

will be a 9-0 smackdown reversal of this idiotic, political decision. The reason is that no one has been charged with the crime they are accusing him of; like no other participants now in jail for those actions from Jan 6, that they are accusing Trump of committing. I guess he acted alone, lol. Secondly, the 14th Amendment clause is only enforceable by Congress, not a State Judiciary. It’s clearly unconstitutional…


In reality, you’re right.
By, it’s 2024, and the past several years we’ve been in an alternate reality.
I hope you’re right, but I see Jackson and Soto being in the minority, and not having 9-0.
Posted by Longhorn Actual
Member since Dec 2023
939 posts
Posted on 1/7/24 at 11:01 am to
The United States Constitution no longer matters to a large number of people.

Power and control are all that do.

The only reason it'll be 9-0 is if 2 or 3 Justices who'd normally go along with it decide that it's so bad, they can't invent a reason to dissent.

Based on past rulings, that's a pretty high bar.
Posted by tigeraddict
Baton Rouge
Member since Mar 2007
11824 posts
Posted on 1/7/24 at 12:58 pm to
9-0 rejecting Colorado’s move to ban from ballot

Otherwise you will see partisan moves in other states both way. Since Trump was not convicted of the “crime” no grounds to take off ballot. Congress has power to convict and bar re-election


Otherwise, Florida/Texas ect will bar Biden “because he didn’t uphold the constitution” with respect to border ect

Ultimately, with the power to vote, the people (ultimate jury of his peers) should decide if he wins or not
Posted by Trevaylin
south texas
Member since Feb 2019
5967 posts
Posted on 1/7/24 at 1:59 pm to
will the supremes sanction the states fracking with the election as was done to about 10 southern states in the '90's. States fracking around should be required to have any voting changes approved prior to implementation
Posted by kingbob
Sorrento, LA
Member since Nov 2010
67210 posts
Posted on 1/7/24 at 2:07 pm to
It will be a very convoluted decision that will be in Trump's favor, but it will be cobbled together from like pieces of 4 different opinions. It's going to be a weird one.
Posted by stuntman
Florida
Member since Jan 2013
9119 posts
Posted on 1/7/24 at 2:22 pm to
quote:

I think it's 7-2 just so that the 2 dissenters can write their opinion. I'm guessing Sontamayor and KBJ.


I'm no lawyer, but I agree w/ this on slightly different grounds; KBJ is a Marxist, and Sotomayor is the dumbest jurist to ever sit on the SCOTUS bench.
Posted by TBPland
League City, TX
Member since Sep 2009
1403 posts
Posted on 1/7/24 at 2:35 pm to
Roberts is probably a redacted name from Epstein island
Posted by Dday63
Member since Sep 2014
2301 posts
Posted on 1/7/24 at 3:55 pm to
I think the OP is pretty close, with just a few changes:

The majority opinion will state the clause does not apply to a POTUS who never took oath for a different political office before becoming POTUS.

That finding, though, will leave open the question of the clause's applicability to other political figures, both State and Federal.

Thomas will write a concurring opinion expressly stating the facts of the case do not support finding Trump engaged in insurrection. Alito might join him.

Others will not address the factual finding except to say Trump was not granted sufficient due process.

At that point I think many of you will be surprised by the mix of opinions. This is not really a conservative or liberal issue; it is a question of what exactly the Republican Congress in the 1860s was trying to accomplish.

Some will say that by repealing sections 14 and 15 of the Enforcement Act of 1870, Congress was ceasing Enforcement of Section 3. Others will fall right in line with the law review article written by the Federalist Society members and leave open the possibility of disqualifying people for lower offices.

There are so many potential issues, I can't see just a blanket ruling that the clause does not apply to a President.
This post was edited on 1/7/24 at 4:56 pm
Posted by thetempleowl
dallas, tx
Member since Jul 2008
14847 posts
Posted on 1/7/24 at 4:25 pm to
I say 9 to 0.

Roberts will try to get everyone aboard on this one.

While there are a few idiots on the court who may wish to dissent, I believe others on the court will get them in line.

But this is 2024 and Jackson is a diversity hire...
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