Tag Archives: insurrection

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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Trump’s brief to the Supreme Court is solid, well-written, persuasive, and underreported

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Maine Secretary of State Shenna Bellows

Six days ago, Donald Trump’s lawyers filed a 34-page brief in the Supreme Court. In legal-speak, their brief is called a “petition for certiorari.” It asks the U.S. Supreme Court to review the 4-3 decision by the Colorado Supreme Court banning Trump from the Colorado ballot. (The brief is available, in full, at the Supreme Court website.) 

This case presents one of the most important legal and political issues of this century: Whether a state can exclude a national candidate from the state’s ballot on the grounds that he committed a federal crime that he was never convicted of or even charged with.

But the media has largely ignored Trump’s brief. I have not seen a single news report about it. Reporters embarked on crazy endzone dancing when the Colorado decision came out last month, which has apparently left them too woozy and hungover to report on a particular salient fact – namely, that this play is almost certainly under review1 by the real Supreme Court. And initial indications point to the on-field ruling being overturned.

Trump’s brief cites and quotes extensively from the well-reasoned three-justice dissenting opinion in Colorado – another piece of news that was little-reported.

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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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