Colorado Supreme Court disqualifies Trump from primary ballot: https://apnews.com/article/trump-insurrection-14th-amendment-2024-colorado-d16dd8f354eeaf450558378c65fd79a2 . WSJ: More: https://www.wsj.com/politics/elections/colorado-supreme-court-rules-trump-disqualified-from-presidential-primary-ballot-66b2de64 . The Colorado court stayed this 4 to 3 ruling until January 4 to allow an appeal to the US Supreme Court. The court chose January 4 because the Colorado ballot goes to print January 5. Note that the Colorado ruling is not based on the Colorado constitution, but rather the Fourteenth Amendment of the US Constitution. Thus, the issue of disqualification is squarely presented to the US Supreme Court.
The (Colorado) district court judge ruled that Orange Julius did commit insurrection against the US government, but apparently decided that since OJ was not “an officer of the United States” as that phrase is used elsewhere in the Constitution, he should not be disqualified. The Colorado Supremes disagreed. They found it illogical to disqualify insurrectionists from all elective federal positions but then exempt the most powerful officeholder.
Let’s put to rest some of the possible outs here. OJ has not been convicted of insurrection. However, the Constitutional language does not demand that. The base concept is that those disloyal to the federal government cannot serve in it. That’s OJ. We all heard his January 6 speech and seen the results in real time. Jack Smith is prosecuting OJ for his role in January 6, although inciting insurrection is not specifically charged. The US Supreme Court could conceivably delay their decision pending the outcome of OJ’s trial, but again, that is not what the Constitutional language demands. If the Supreme Court dodges this bullet, they will disgrace themselves. Sadly, there is the possibility that they will do just that.
Should Justice Thomas recue himself in this case, as his wife actively supported the insurrection? Yes. Will he? Truly, we don’t know. But if he does not, Thomas places himself above the law.
Other state courts have allowed OJ to run in their primary, on the theory that this election does not make him president. But as we have a two-party system, that is just looking the other way. Quite obviously, the purpose of the primaries is to identify the two persons who will vie for the office. Since the adoption of the Fourteenth Amendment, every president elected has been from one of these two parties.
What happens if the Court keeps OJ on the ballot in a 5 to 4 vote, and the 5 includes the 3 justices appointed by OJ? That would represent a severe challenge to the integrity of the Court. Will they in fact rule by January 5? If not, when?
On the other hand, if the Court does not allow OJ on the ballot, haven’t they thwarted the will of the majority of the voters in one party? Yes, but in my view the language of the Fourteenth Amendment is clear. Either way, the Court has to make a controversial decision. Certainly, my political preference is that the Court disqualifies OJ. However, and more importantly, my view is that the Constitution requires this result.
Also, hundreds have been convicted or pleaded guilty for their actions on January 6. Hundreds more await trial. And the stiffest penalties apply to the most violent persons and those who acted in an organized manner. They all believe they came to Washington because OJ called them to do so.
There is a significant possibility of civil unrest if the Court disqualifies OJ. There is also the possibility of civil unrest if they do not disqualify him. Theoretically, this should not be a factor in their decision. However, as we know, theoretical considerations do not always drive the Court’s decisions.
JN.1 WHO variant of interest: https://www.usnews.com/news/health-news/articles/2023-12-19/who-classifies-new-covid-19-strain-jn-1-as-standalone-variant-of-interest . All of B.2.26’s subvariants are variants of interest as a group. However, WHO has now called out JN.1 individually as it gains traction globally.
January 6 arrests continue: https://www.foxnews.com/politics/ex-miami-young-republicans-director-rubio-intern-desantis-campaign-organizer-arrested-jan-6-charges . She entered the building. That has been one dividing line which gets you charged, the main other one the commission of violence. More: https://apnews.com/article/charles-donohoe-proud-boys-capitol-riot-trump-2c4bf37d2dd4f1dc82d6a1caa423a205 .
Mark Meadows loses attempt to move his Georgia case to federal court: https://www.newsweek.com/mark-meadows-judge-pryor-clarence-thomas-trump-immunity-1853584 . We have long stated that Meadows’ official duties did not include attempting to overthrow the election. This defense is just another in a long line of delay tactics.
Arlington Confederate Memorial gets a one-day reprieve: https://www.aol.com/news/confederate-memorial-spared-takedown-thanks-025043915.html . The judge is giving plaintiffs one day in court. But he has also made it clear that if the plaintiffs have misrepresented key facts, he may sanction them.
Federal judge orders release of names of Jeffrey Epstein’s associates: https://abcnews.go.com/US/federal-judge-orders-documents-naming-jeffrey-epsteins-associates/story?id=105779882 . This has every possibility of ruining multiple lives.
WSJ: Detroit Pistons spectacularly awful this year: https://www.wsj.com/sports/basketball/detroit-pistons-nba-losing-streak-ccb2471b .
Sandra Day O’Connor funeral: https://www.nbcnews.com/video/biden-chief-justice-roberts-honor-sandra-day-o-connor-at-funeral-service-200558661976 .