Tag Archives: 14th Amendment

The Colorado Secretary of State says she now trusts the people to make the decision she didn’t trust them to make four months ago

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The cabal that calls itself the Democratic Party of Colorado nearly pulled a coup last fall. Unburdened by any inconvenient process that might have been due, a Democrat state judge decided that Donald Trump was an insurrectionist. Therefore, under a clause of the 14th Amendment designed to prevent former Confederates from running for federal office, Trump was ineligible to run for president.

Never mind that Trump had never been convicted or even charged with the crime of insurrection.

On appeal, four of the seven Democrat-appointed justices on the Colorado Supreme Court agreed. The other three in their strident dissent all but wondered out loud what kind of Colorado-legal weed the majority was smoking.

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Based on today’s oral arguments, it will probably be a decision for Trump

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As I expected and predicted, the Supreme Court will probably decide the Trump/Colorado case in favor of Trump.

I doubt the decision will be unanimous. On the liberal side, Justice Sotomayor was outspoken in her questions to Trump’s lawyer (Jonathan Mitchell who was arguing his sixth Supreme Court case). Justice Kagan’s questions, too, suggest to me that she will come down against Trump.

Justice Brown Jackson was hard to read, with questions that seemed sympathetic to Mitchell’s point that the 14th Amendment bar fails to mention the presidency and also sympathetic to Trump’s due process argument – the argument that he was effectively convicted of the high crime of insurrection without ever being charged with it.  

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The backdoor insurrection conviction will not stand

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The Colorado Supreme Court yesterday decided that Donald Trump “engaged in an insurrection or rebellion” on or about Jan. 6, 2021. Under the 14th Amendment to the Constitution, he is therefore ineligible for the presidency and would be removed from the Colorado ballot.

A few points to consider:

The Court on its own volition stayed its order until Jan. 4 to give Trump an opportunity to appeal the case to the real Supreme Court, the United States one. If he does so, and he will, and the Supreme Court decides to hear the case, and they will, then the order is further stayed until the Supreme Court issues its decision this spring or summer.

The Colorado Supreme Court is comprised of seven justices. All seven were appointed by Democrat governors. The U.S. Supreme Court has a materially different composition. Six of the nine justices are Republican appointees.

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