Wednesday, December 20, 2023

The Disqualification of Donald Trump and Other Legal Urban Legends

 Thread by @JonathanTurley on Thread Reader App – Thread Reader App 

The Colorado Supreme Court has issued an unsigned opinion disqualifying Trump from the ballot: "The sum of these parts is this: President Trump is disqualified from holding the office of President under Section Three; because he is disqualified."...courts.state.co.us/userfiles/file…

...This ends a string of losses for advocates of this dangerous novel theory. They finally found a court that would embrace what the court admits is a case of "first impression." My first impression remains that same. The court is dead wrong in my view...

...It is striking that the court relies on Schenck v. U.S., where the Court upheld the denial of core free speech rights of a socialist opposing a war. The opinion of the Colorado Supreme Court is so sweeping that it would allow for tit-for-tat removals of candidates from ballots 

...The opinion is remarkable in how the four justices adopted the most sweeping interpretations to get over each barrier. The result is lack of a limiting principle. I view the opinion as strikingly anti-democratic in what it now allows states to do in blue and red states alike. 

No comments: