01-07-2024, 11:49 PM
(01-07-2024, 07:37 PM)pally Wrote: I agree that this whole thing is walking a very fine line. But in no way shape or form does a decision from the Legislative branch of government replace or prevent actions from the Judicial branch of government concerning the constitutionality of any topic and that includes what is meant by insurrection and the ballot
And I don't disagree with that. But when I look at Maine and Colorado, especially with what has happened in other courts, those outcomes look purely political instead of based on sound, constitutional reasoning. And that's when the SCOTUS needs to step in.
I just think a 4-3 ruling OVERTURNING a lower court shows how unbelievably flimsy the argument is. For this case, the standing has to be crystal clear to suspend due process and boot someone off a ballot when no charges or convictions were ever filed. It LOOKS political, and that's a BAD look when talking about removing people from a ballot. If there's any doubt - and there clearly is - then this is is not for the courts to decide but the voters. "To preserve Democracy, we have to remove Trump from the ballot". I can't imagine what kind of mental gymnastics are required for those two thoughts to co-exist in someone's head.
The point I guess I'm struggling to make is that in order to implement this without a trial - which the statute provides for - the culpability and legality have to be obvious and beyond reproach such that reasonable people would know the outcome of the trial. And the inconsistency across the courts, even within Colorado, says we are nowhere near that threshold.
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