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The Colorado Department of State warned that it would be “a matter for the Courts” if the state’s Republican party withdrew from or ignored the results of the primary.

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[-] mo_ztt@lemmy.world -3 points 11 months ago* (last edited 11 months ago)

Honestly I'm of two minds about it.

One, faith by the electorate in the process of elections is part of democracy. I genuinely don't think it's reasonable to tell 60 million Trump supporters that those of them that live in Colorado aren't allowed to vote for the man. I get that the letter of the law is that he tried to invade the congress and kill the vice president to keep himself in power, which is a crime that in any civilized society would keep him off the ballot not to mention behind bars, but this is actually a rare instance where I think "but they'll get really mad about it" is a viable reason not to do it. Or, at least do it on a national level, since the idea of an election where certain candidates are or aren't on the ballot differently in different states is obviously undemocratic and will clearly lead to retaliation in kind by the GOP which will step us a little further towards a civil war.

Two, fuck it. They're already rogue. They tried to kill the vice president. We're in a fight for the survival of democracy in this country and it's nice to see the boundaries being pushed by the people who aren't the ones kicking out the supporting timbers.

[-] PugJesus@kbin.social 26 points 11 months ago

Fuck 'em. The only thing they don't get mad about is fascism winning. A majority of Republicans already believe elections in this country are illegitimate simply because their orange messiah didn't win. We're past the point of sitting down and having a reasonable conversation.

[-] mo_ztt@lemmy.world 2 points 11 months ago

There's a book called How Democracies Die that goes into quite a lot of detail as to how this situation has played out historically.

Basically, it's a nasty situation. The reality of life is, everyone can just get up and do whatever they want to do. A judge can decide he's a Trump supporter and stop prosecuting Trump supporters if they attack people in the streets. A general can decide he will or won't deploy the military against the citizens when the leader orders him to. The military rank and file can obey or not. A lot of "the rules" that constrain people's behavior and keep democracy running are totally made up, and there's a bad, bad problem that happens when people start to abandon the rules.

So, what do you do when the fascists are abandoning the rules? There's an obvious answer: fight back in kind. Add some seats to the supreme court. Kick Trump supporters out of congress. Have the secretary of state decide that a state where polling locations in Democratic areas didn't get enough ballots, should have gone to the Democrats. If the Republican secretaries of state have been doing the same on Trump's side, and the alternative is losing the election, then that's a pretty sensible option.

Except, it's not. As a general rule, if the non-fascist side starts abandoning the rules in kind in order to fight back against the fascist side that is abandoning the rules, then the slippery slope down towards open war accelerates by quite a lot. Generally, the two things that can save a democracy that finds itself in this situation are:

  1. Resistance to the fascists from within the established conservative party which has been hijacked (your Mitt Romneys and John McCains)
  2. The non-fascist party continuing to uphold the norms of government, even though this makes for an unfair uphill battle

It's a little counterintuitive. But that's what the book says. Now, is kicking Trump off the ballot "breaking the rules"? I honestly don't know. Technically it's 100% legal. But a lot of things are technically legal, including Republican state legislatures turning in vote totals that don't match the will of the voters. Like I say, I'm of two minds about it, but the bottom line is it's not quite as simple as "fuck 'em I don't care." Because "fuck 'em I don't care" energy is what starts civil wars.

[-] SatanicNotMessianic@lemmy.ml 6 points 11 months ago

I get that you’re saying that it doesn’t feel fair to you, but that’s not how the law works. We might want the law to meet our sense of fair play, but there’s a ton of questions about balancing interests and precedent and so on.

The constitution itself places limitations on who can run for president. Is it fair that Arnold Schwarzenegger can’t run for office even if people want to vote for him? Maybe, but it’s illegal. Of a genius and charismatic 29 year old entrances the country with her brilliant rhetoric and would clear 90% of the popular vote and unite the nation, she also cannot become president. Is that fair to the electorate or our young genius? Maybe, maybe not. But it’s constitutional, and it’s the law.

CO law states that primary candidates must be people eligible for election to the office as judged by the state. This law has already been used to keep someone off the ballot. In a decision decided by Gorsuch himself, it was held that states have the right to make those calls.

In addition, the feds have almost always defaulted to allowing the states to decide how to conduct their elections and have stated that the feds have no constitutional authority to dictate how they conduct elections. This was how Bush v Gore was decided, along with the Boting Rights Act and other cases. Except in the case of violating something like equal protection, the feds stay out of it. Sitting members of the current court decided those cases.

So the Foinding Fathers didn’t think that just anyone should be allowed to run and the people should decide. Case law backs the idea that states can set their own rules. Trump is disqualified in the opinion of Colorado by virtue of having engaged in insurrection, and even the previous ruling, which would allow Trump on the ballot, did not challenge that finding. They just said that the law doesn’t apply to the president of the United States. It was a bad, bad ruling.

The sc can’t even grant a stay without overruling CO election law, which I believe says the ballots must be set by Jan 5, and the self-imposed stay already runs through the 4th.

[-] shalafi@lemmy.world 6 points 11 months ago

Love your answer! But I'll argue one thing.

Knowing the judgment would be appealed, no matter what, the lower court found Trump guilty of insurrection as a fact. On appeal, this fact cannot be argued or tested again. It stands.

Brillant legal maneuver. She put Trump in an inescapable box. And here we are.

[-] gac11@lemmy.world 1 points 11 months ago

I'm just joining in to say I'm worried the Supreme Court is going to ignore that fact and make a decision that favors the party. They'll even find a way to spin it that the decision only applies to the GOP

[-] mo_ztt@lemmy.world 2 points 11 months ago

I get that you’re saying that it doesn’t feel fair to you, but that’s not how the law works. We might want the law to meet our sense of fair play, but there’s a ton of questions about balancing interests and precedent and so on.

Yeah. Law's not like computer code. The details of all the rules and precedent are a critical side to be aware of, but judges also have to balance the letter of the law against the obvious justice of the situation all the time. If it were just as simple as researching and following the rules to the letter, it'd be a lot simpler profession. But if you've ever been in court for any length of time you'll see (or at least my experience has been) that the judge generally has one eye always firmly fixed on what's actually the right thing to do. Surprisingly so. Exercising, well, judgement on where to draw the line -- not just throwing out the letter of the law based on "eh I don't feel like this outcome is right" but being willing to depart from the letter of the law if something clearly wrong is happening in front of you -- is one of the most critical parts of what your job is as a judge.

I'm not really experienced enough at law to come at it from any standpoint other than "what's the right thing." I'm aware that as a matter of law, she's on completely solid ground. I think though that in the actual practice of how judges are supposed to do their jobs, those two things aren't as widely separate from each other as they might seem.

this post was submitted on 21 Dec 2023
316 points (96.5% liked)

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