The Colorado lower court also found it was an insurrection, but that an insurrection didn’t disqualify a person from running for President (because of some very specific wording in the constitution).
So both sides in the case appealed and now here we are.
Knowing it would be appealed, no matter the ruling, the lower court found it was an insurrection. The next court had to take that as a factual finding. They could not argue or retry that question. It is now a legal fact.
Brilliant move! That judge took one for the team, called a coward and a traitor. And you see what we have here today. (insert wasted.meme)
We are definitely in uncharted territory, but I feel like even they would have to pause before necessarily overturning this. Doesn’t mean they won’t, but I don’t think it’s an easy decision.
If the Supreme Court overturns this - because it is undoubtedly going to go to them - are blue states then going to try to weaponize federal courts to attack how republican held states are holding their elections? Or vice versa?
On the one hand, if the supreme court somehow rules in favor of Colorado, you can bet other states are going to immediately follow suit. And if they rule against them, that’s a serious potential shockwave over what states can and can’t do when overseeing elections. Especially at a time when the GOP is asserting a state’s right to oversee elections e.g. “election integrity.”
How can SCOTUS even have jurisdiction when the Constitution specifically gives the power to oversee elections to the States? This seems more like it should require Congress to change the Constitution if the federal government wants the power to supersede the decision of the Supreme Court of Colorado.
States are allowed to make their own rules but they aren’t allowed to contradict the US Constitution. Since the US Constitution is subject to the political leanings of the current court, who tf knows what’s ever going to happen.
I know I'm preaching to the choir here, but they are following the Constitution in making this decision. The Constitution does not require a conviction.
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