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zataomm  4mo ago (text post)   5377 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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That seems about the same tack that Bellows took, if a bit better thought out. The analysis in the decision is just:

On this point, I find Griffin's Case 11 F. Cas. 7 (CCCD Va 1869) to be unpersuasive. It is not binding in Maine, does not assess whether states can enforce Section Three without Congressional authorization, and has been discredited. See, eg Anderson, 2023 CO 63, 103; Amicus Br. of Constituional Law Professor Mark A Graber 7-8 (Dec 14, 2023).

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