Lots of reactions to the Colorado Supreme Court ruling from Tuesday, with Leftists, NeverTrumpers, anti-Americans, Democrats and the media (but I repeat myself five-fold) predictably gleeful with the decision, and conservatives, Trump supporters and other patriots condemning the decision as unAmerican and “election interference.”
I don’t know how you can look at it any other way than a partisan effort to disrupt our election process. (This is contra what yesterday I wrote that, “All seven of the Colorado Supreme Court justices were appointed by Democrats, so one can’t plausibly argue that it was a partisan decision.” I read something that I can’t find saying that the majority justices all attended an Ivy League law school [like Harvard or Yale] and the three dissenting votes attended non-Ivy League schools. So I stand corrected).
Trump has never been accused of, tried for, or convicted of being engaged in “insurrection.” There is no way that the Colorado Supreme Court has standing to 1) find that Trump engaged in insurrection and therefore, 2) to disqualify him from the ballot based on that finding.
They’re interpreting an amendment that was written to keep Confederate soldiers and leaders who had taken an oath to defend the Constitution of the United States, but had then literally engaged in insurrection to the point of raising armies and killing other Americans, as applying to Trump.
All Trump did was encourage his followers to “fight” for what they believed in, and that is now “insurrection.” The Colorado Supreme Court stretched that word so far that if it had been Elastigirl, she would’ve dislocated her shoulder.
On closer inspection, the ruling undermines itself, leaving us to wonder what it’s all about.
The majority on Tuesday said every key legal issue came out against Mr. Trump.
“The sum of these parts is this: President Trump is disqualified from holding the office of president,” the majority said in an unsigned opinion, saying that his efforts to overturn the 2020 election results amounted to engaging in an insurrection and that Section 3 of the 14th Amendment, ratified after the Civil War, bars insurrectionists from federal office, including the presidency.
They’re unequivocal in stating their conclusion. Trump is disqualfied from holding office and therefore listing him on the Colorado primary ballots would be “a wrongful act” under the Colorado Election Code. One has to wonder how a State usurps federal prerogative to decide if a person engaged in “insurrection” or usurps the candidate’s State’s rights to make that determination.
Or if there is even a way to make that determination apart from a formal charge, trial and conviction.
But this is the interesting part of the Colorado court’s ruling: they issued a stay until January 4th.
The majority added: “We do not reach these conclusions lightly. We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”
But the court gave Mr. Trump a provisional escape route. It put its ruling on hold through Jan. 4, and if he seeks review in the U.S. Supreme Court, as he said he will, the state court said his name would remain on the primary ballot.
What they don’t say is that in the ruling, which you can read here, it says,
Therefore, to maintain the status quo pending any review by the U.S. Supreme Court, we stay our ruling until January 4, 2024 (the day before the Secretary’s deadline to certify the content of the presidential primary ballot). If review is sought in the Supreme Court before the stay expires on January 4, 2024, then the stay shall remain in place, and the Secretary will continue to be required to include President Trump’s name on the 2024 presidential primary ballot, until the receipt of any order or mandate from the Supreme Court.
In other words, because they knew Trump will immediately appeal to the U.S. Supreme Court, their “stay” will be in force indefinitely. Trump’s name will appear on the ballot no matter what.
So why are they doing this?
I think it’s because being the Leftists they are, they are piling on Trump. They’re part and parcel of the real “insurrection” that is taking place across the United States, with our political, educational, medical, judicial and journalistic institutions all subverting our traditional, historical and legal processes. If they can provoke a reaction from the Right, that would be a bonus. If they can set precedent for the Left in other states, that would be a win for them, too.
And, right on schedule:
In a letter dated Wednesday, California lieutenant governor Eleni Kounalakis (D.) urged California secretary of state Shirley Weber (D.) to “explore every legal option to remove former President Donald Trump from California’s 2024 presidential primary ballot,” given the Colorado supreme court’s decision. On Tuesday, the court voted 4–3 to disqualify Trump from appearing on the Centennial State’s ballot because he allegedly incited an insurrection on January 6, 2021.
“This decision is about honoring the rule of law in our country and protecting the fundamental pillars of our democracy,” Kounalakis wrote to Weber.
“California must stand on the right side of history,” Kounalakis added. “California is obligated to determine if Trump is ineligible for the California ballot for the same reasons described in [Anderson v. Griswold]. The Colorado decision can be the basis for a similar decision here in our state. The constitution is clear: you must be 35 years old and not be an insurrectionist.”
This isn’t about doing the right thing or being “on the right side of history” (what, exactly, does that mean anyway?). This is about finding semi-judicial means by which to eliminate Trump as a candidate. They start with the premise that Trump must be stopped; then they look for any “legal” means by which they can get that outcome.
Sen. Mike Lee put it this way:
“Lawless thuggery masquerading as jurisprudence.” Exactly.
You get the idea. And if what these Congressman and Senators say is true—that what the four horsemen of the Colorado Supreme Court did was “lawless thuggery”—then the next step is to impeach the four of them and remove them from the court.
Which will never happen of course. Because they’re Democrats.