colorado supreme court outcome

14th amendment for reference

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Background and definitions

-Primary: The process the political parties use to nominate their general election canaidate
-States basically have complete control on how their elections are run see this source: Elections Clause
-Stay: to postpone until a defined time or event occurs.
-Shadow Docket: a short ruling basically giving a verdict without explaining why and it holds no precedence for future rulings.

Colorado Supreme court

-A lower court said that trump was guilty of insurrection, and was able to be barred from the states primary election but since the presidency isn't an officer this doesn't apply to him

-The outcome of the lower court ruling was appealed by both sides to the colorado supreme court who agreed with the lower court but that Trump is an officer of the United states and therefore can be barred from appearing on the primary ballot.

-They put a stay on the decision saying it wouldn't go into effect until January 4th, 2024 to give some time for the federal supreme court to step in

-In other states people would also like to bring similar cases against trump but because their state doesn't give them a mechanism to do so they are unable to. It's only because of Colorado state law are they able to.

Federal Supreme court

Possible outcomes of the colorado supreme court decision

-The supreme court decides not to hear the case. And the decision goes into effect.

-They issue a shadow docket basically saying the presidency isn't an officer of the United States and therefore can't be barred. If they reach this decision then no one in any state will be able to bring another 14th amendment case against trump or anyone else in the future.

-They hold a case but decide that it's the States right to hold elections and how they see fit. This would certainly follow all the precedence from the Court on different issues relating to state elections. I think it's important to realize that the court isn't on a democrat republican spectrum like many people believe. They are more on a state power, federal power spectrum. Where the justices who are seen as "Liberal" are more towards the federal power side of the spectrum, while the states power justices are the "conservative ones". Some justices certainly seem to vote on a democrat liberal spectrum: Clarence Thomas(sometimes), and Amy Coney Barrett. If they go with this outcome it wouldn't stop him from running in other states all it would do is prevent Colorado's electoral votes from going to Trump. Not that it would really matter as Colorado hasn't voted for a republican in a presidental election since Bush Jr in 2004. Where it would matter is that other states would follow in Colorado's footsteps like Michigan and Minnesota both of which are considered battle ground states.

-The hold the case but say it's up to the political parties how they pick their primary candidates. I think this is the most likely outcome why do I think this is the most likely? Because it's what the Minnesota case decided. Some people referred to as petitioners attempted to remove trump from the primary and general election ballot in minnesota for violation of the 14th amendment. In response the Minnesota secretary of state Steve Simon basically said. While their claims of insertion "were ripe" that they should first focus on the matter at hand which is the primary. He went on to say that even though minnesota administers the primary election that it's just a function of political parties to pick their general election canadiate. At the end of the document he says "The petition is dismissed, but without prejudice to the general election." Basically saying there isn't a process to ban him from the primary but if he is picked by republicans the petitioners can try again.

-It's possible that the court does multiple of these actions.

Sources

-MN court case
-14th Amendment
-Supreme Court Justices
-Colorado Supreme Court
-Elections Clause

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