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zataomm  4mo ago (text post)   5367 thread views

Colorado Supreme Court Thread

Link to the decision

I don't know to what extent there are established precedents for when a topic is worthy of a mega-thread, but this decision seems like a big deal to me with a lot to discuss, so I'm putting this thread here as a place for discussion. If nobody agrees then I guess they just won't comment.

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There is another problem which is they are effectively claiming Trump is disqualified from office if he was elected. But they cannot know this because it would be possible for the house and senate to remove this disqualification before he began serving. Whether Trump is disqualified or not at the point in time that he would assume office is currently unknown. This would be similar to Colorado not allowing someone on the Primary who was aged 34 years and 11 months because they are not currently qualified even though they would be qualified at the point that they serve. Maybe there is Colorado case law where they already do this which would be strange but I assume cases would be decided allowing a person of such age onto the Primary ballot. The age issue is a stronger argument because we know someone will age whereas Trump’s situation is unknown but I think it is a compelling argument.

There has to be a presumption of one state or the other. I’d have preferred to go with “presumed innocent,” but still, it’s reasonable not to expect an act of Congress.

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