"“If President Trump committed a heinous act worthy of disqualification, he should be disqualified for the sake of protecting our hallowed democratic system, regardless of whether citizens may wish to vote for him in Colorado,”

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    711 months ago

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    The Colorado Supreme Court on Tuesday barred Trump from the state’s ballot under Section 3 of the 14th Amendment, which prohibits anyone who swore an oath to support the Constitution and then “engaged in insurrection” against it from holding office.

    “It is imperative for the political stability of the U.S. to get a definitive judicial resolution of these questions as soon as possible,” Rick Hasen, a law professor at the University of California, Los Angeles, wrote shortly after the ruling.

    Trump’s lawyers have argued that, technically, the president isn’t an officer “under the United States” — that it’s a legal term of art that refers to government appointees and therefore the provision doesn’t apply to him.

    The majority opinion said the Colorado Supreme Court did have jurisdiction to decide the matter, that the presidency was clearly an office in the United States and that Trump’s actions related to the Capitol attack fit the insurrection clause, in part because he urged his supporters during a rally beforehand to fight.

    That included a week of testimony from a handful of police and protesters who were at the Jan. 6 attack, two constitutional law professors and experts on a president’s emergency powers and on right-wing political speech…

    “If President Trump committed a heinous act worthy of disqualification, he should be disqualified for the sake of protecting our hallowed democratic system, regardless of whether citizens may wish to vote for him in Colorado,” Samour concluded.


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