this post was submitted on 20 Dec 2023
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...unless SCOTUS overturns it.
How can SCOTUS even have jurisdiction when the Constitution specifically gives the power to oversee elections to the States? This seems more like it should require Congress to change the Constitution if the federal government wants the power to supersede the decision of the Supreme Court of Colorado.
States are allowed to make their own rules but they aren’t allowed to contradict the US Constitution. Since the US Constitution is subject to the political leanings of the current court, who tf knows what’s ever going to happen.
I know I'm preaching to the choir here, but they are following the Constitution in making this decision. The Constitution does not require a conviction.
I mean, three of the SCOTUS were appointed by the guy who tried to coup the U.S. government and a fourth is married to someone who also tried to coup the U.S. government. I don't think it's so much about whether the arguments why they "can't" overturn it are good arguments or not at this point. It's like telling a pidgeon to stop shitting on the chess board because shitting on the board is not a legal move in chess.
It has no constitutional implication aside from the state constitution. The supreme court can't touch that issue.
asdfasfasdf
Wouldn't scotus ruling one way or the other, due to this being 14A, also automatically apply to the other states?
Not automatically. States have the authority to run their own elections. But this would set precedent for others to follow.
What they said ^
I hope you’re right, but I genuinely do not think the Tribunal of Six will give a single fuck about the catastrophic impact reversing the CO SC’s decision will have.
Also, if the SC does overturn the CO SC’s decision, Democrats/blue states probably won’t do shit, because DNC leadership couldn’t fight their way out of a paper bag.
When you raise $100 because you’ve got Aces full of Kings and the other guy pulls out a .45… you’re not playing poker, but you apparently haven’t realized that fact yet. And that’s how the DNC rolls: We’re going to milquetoast our way into the First American Reich out of sheer laziness, ineptitude, and statements of “akshually, that’s technically against the rules” while the GOP sprays gasoline everywhere and lights it on fire.
sadfasdfa
That’s great, but the DNC the only group that can do anything meaningful in the context of our national politics, and how that evolves in the long term.
I’m not being pessimistic because I’m just trying to be a dick. I’m being pessimistic because the DNC has let me and hundreds of millions of others down repeatedly and systematically with their limpdick bullshit even if you only consider the past 7-8 years. I’m still voting for them because they’re the only major party that’s, you know, not overtly fascist, but I’ve got no illusions about how (in)effective they’ll be.
asdfafa
In theory, sure, I agree. In practice: not so much.
sdfasf
I’m starting to think you don’t understand that the national level DNC implicitly, yet effectively, sets party policy when the Democratic leadership and senior elected politicians support (or don’t support) specific candidates.
The DNC has successfully spiked more than a few progressive campaigns in favor of centrist neoliberal candidates that are much more corporate friendly… and big-ticket democratic donors put their money towards those corporate candidates. Remember “it’s her turn”? I sure as fuck do. It was as stupid then as it is now.
asdfasdfa
Not sure why you got down voted.
Unfortunately, there's a few republicans in this thread.
They can't, that's not how the Supreme Court works.
Reuters:
NPR
AP
If a) Trump seeks review, b) SCOTUS agrees to take up the case, c) SCOTUS overturns Colorado's Supreme Court's ruling, and d) all that happens in time, then Trump will appear on the Colorado ballot.
That's a pause to see if the court will take it which they can't.
The U.S. Supreme Court "can't" take up the case in the same sense as Trump "can't" incite his base to storm the capital building. But that didn't stop him.
And as I've said elsewhere in this thread, we've got three Trump appointees on the SCOTUS plus a guy whose wife took part in the January 6 rally and endorsed the attack on the capitol.
I hope you're right (and I'm not saying there's a 0% chance it won't get overturned -- not that it's going to make a difference whether Trump wins the general election in 2024 either way) but I fear we're living in a world where "can't" doesn't necessarily mean "won't" and where the U.S. Supreme Court may be totally willing to flout the rules.