Will TRUMP BENEFIT from COLORADO's Presidential BALLOT DEBACLE?

Strange decision from the Colorado State Supreme Court to remove Trump from the state primary presidential ballot will likely be brought before the U.S. Supreme Court

Regardless of who you favor for president (or whether or not you vote at all) you have to admit that this decision from the Colorado State Supreme Court to remove Trump from the state presidential primary ballot is strange to say least…

Illegal and unconstitutional is more like it.

Many agree that this move is a blatant unconstitutional “judicial power grab” that could actually backfire.

In other words, Trump could benefit from potential Republican retaliation and the ensuing chaos that results. Whether you love him or loathe him, you have to admit that Trump seems to emerge victorious from the relentless attacks (whether just or unjust) that are foisted upon him.

According to political consultant Frank Luntz:

“Donald Trump thrives on negativity, he thrives on legal systems that try to hold him accountable, And I'm convinced that his polling numbers are going to go up.”

Time will tell how this impacts Trump, but here at The Healthy American we are less concerned with the person and more concerned with the process of how the public serpents keep ratcheting up their assault on the rule of law.

Here are the specifics:

• A coalition of six Republicans and unaffiliated Colorado voters, including former state and federal officials, filed a lawsuit seeking to disqualify former President Donald Trump from appearing on the state’s 2024 presidential ballot.

  The plaintiffs are represented by Citizens for Responsibility and Ethics in Washington (CREW).

• The Colorado Supreme Court ruled that former President Donald Trump is 'disqualified' from serving as president under the 14th Amendment 

• Section 3 of the 14th Amendment bars officials from seeking future office should they have 'engaged in insurrection' 

• Trump's team have already said they would be appealing the decision to the Supreme Court, which sets up a showdown in the highest court in the country

Let’s take a deeper look at Section 3 of the 14th amendment, which was passed in the aftermath of the Civil War:

• Congress passed legislation in 1870 which was later repealed and replaced with a criminal insurrection law: 8 U.S.C. § 2383

• One of the penalties for being found guilty under that statute, with the offender receiving full criminal due process, is being prohibited from holding public office in the United States.

But here’s the real issue:

• Trump has not been convicted under that statute — so he legally has the right to appear on the ballot

• The court has deprived him of a consequential right without having been convicted of a crime.

Also, what’s with this issue of Trump objecting to the election? What’s the crime there?

Ugh… the illegality is spreading like a mystery illness — now the California lieutenant governor explains why state should consider taking Donald Trump off the 2024 ballot (1:00)

Link to the full letter from Kounalakis.

Here’s how the legal action unfolded in Colorado

• It started here with 6 republicans filing suit with CREW September 6th, 2023.

Link to the Sept 6th lawsuit

• In October, Trump filed a motion to dismiss and CO district Judge Sarah Wallace rejected his effort to shut down the lawsuit allowing the case to proceed. Wallace emphasized that the central question of whether Colorado Secretary of State Jena Griswold holds the authority to prevent Trump from appearing on the ballot under the 14th Amendment is a crucial matter deserving further examination in a trial.

• Judge Sarah Wallace dismissed the challenge later in November. In her ruling Wallace wrote: “While the Court agrees that there are persuasive arguments on both sides, the Court holds that the absence of the President from the list of positions to which the Amendment applies combined with the fact that Section Three specifies that the disqualifying oath is one to “support” the Constitution whereas the Presidential oath is to “preserve, protect and defend” the Constitution, it appears to the Court that for whatever reason the drafters of Section Three did not intend to include a person who had only taken the Presidential Oath. Pursuant to the above, the Court ORDERS the Secretary of State to place Donald J. Trump on the presidential primary ballot when it certifies the ballot on January 5, 2024.”

And that brings it to current news with the appeal of this decision and a Colorado Supreme Court actually ruling 4-3 to remove Trump from the ballot.

Background about the Supreme Court Justices

Judges in Colorado were elected by the people until 1966. In this year, a constitutional amendment changed the election method to the current process, where judges are nominated by a judicial nominating commission, appointed by the governor, and participate in retention elections after appointment.

All seven justices on the state Supreme Court were appointed by Democratic governors. The current justices and their appointing governors are:

• Justice Carlos Armando Samour Jr. (appointed by Bill Ritter in 2010)

• Justice Monica M. Márquez (appointed by Governor Bill Ritter, Jr in 2010)

• Chief Justice Brian Boatright (appointed by John Hickenlooper in 2011)

• Justice William W. Hood, III (appointed by Governor John Hickenlooper in 2014)

• Justice Richard L. Gabriel (appointed by Governor John Hickenlooper in 2015)

• Justice Melissa Hart (appointed by Governor John Hickenlooper in 2017)

• Justice Maria E. Berkenkotter (appointed by Jared Polis in 2021)

(justices in bold text voted to remove Trump)

The 3 justices who dissented all attended Colorado law schools and the four justices who voted for disqualification are the “ivy leaguers” and attended Harvard Law, Yale Law, UVA Law, and Penn Carey Law… I just thought this was an interesting observation.

What’s next?

The U.S. Supreme Court could overturn the Colorado decision on Constitutional grounds and put Trump back on the ballot. 

Trump would also be back on the ballot in Colorado if he appeals by January 4, according to Tuesday's 213-page order from the state's Supreme Court. 

Here’s a few more relevant facts about Colorado:

• Colorado has 10 electoral votes according to the national archives. Colorado had 9 electoral votes in 2016 and 2020 and just gained a seat after the 2020 census.

• Colorado’s current population is 5.8 million.

• Biden “won” CO against Trump in 2020 with about 55% of the vote

• Hillary Clinton won CO in 2016 against Trump with 48% of the vote

• Obama won CO in 2008 & 2012 with about 51% of the vote

Here's a response from Trump's team in the wake of the Supreme Court's ruling:

Republican presidential candidate, Vivek, vowed to withdraw from the Colorado GOP primary ballot “until Trump is also allowed to be on the ballot”… missing a key piece of the ruling:

In conclusion the majority wrote:

“But 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 theSupreme Court before the stay expires, it 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.”

Click here to listen to Vivek's comments

Friends… what’s really going on here? Is it a distraction? Do they expect other blue states to follow suit? Similar cases have already been filed by CREW in Michigan and Minnesota — and this group is also petitioning top officials in at least 18 other states, according to the BBC, in order to have Trump removed from the ballot. 

The WEIRDEST Thing of ALL?

The CO Supreme Court has stayed their own order so it doesn't take effect while Trump appeals this to the Supreme Court..

"But 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 theSupreme Court before the stay expires, it 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 ofany order or mandate from the Supreme Court" -- Majority of CO Supreme Court

Of course Trump is going to appeal and so therefore he will be on the ballot anyway... Did the court purposely issue a ridiculous ruling because they WANTED it to go up to the Supreme Court? If so, why? Why do they want clarity on that insurrection clause that badly? 

Inquiring minds want to know.

As always I love reading your comments, so thank you for leaving one below.

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Read Next:

Supreme Court Agrees to Hear Key Case

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