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OA848: Trump is Off the Ballot in Colorado!

Liz and Andrew break down what the latest decision by the Colorado Supreme Court means, how it will take effect, and how a court that claims to be devoted to textualism and originalism will grapple with arguments aimed squarely at their wheelhouse. You know you want it!

In the A segment, they also break down Trump's latest efforts to convince the Supreme Court to move really, really slowly.

Notes
Colorado Supreme Court declares Trump ineligible for the ballot

https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA300.pdf

Lawfare Tracker on Trump DQ

https://www.lawfaremedia.org/current-projects/the-trump-trials/section-3-litigation-tracker

OA 836

https://openargs.com/oa836-yes-a-court-found-that-trump-incited-an-insurrection-now-what-feat-seth-barrett-tillman/

Anderson v. Griswold

https://www.courts.state.co.us/userfiles/file/Court_Probation/02nd_Judicial_District/Denver_District_Court/11_17_2023%20Final%20Order.pdf

OA848: Trump is Off the Ballot in Colorado!

Comments

He can file Jan 4, and be on the ballot, or wait and play victim for another 80 days before filing, which takes him through the Colorado primary. I think he’s going to wait and milk this for all he can 🤦‍♂️

GOP Hold out (Trump is the RINO!)

And though I can't recall the episode where Andrew stated that there was no case law on the "must-be-35" provision, at last a case turns up!

Ann Sharp

Why does everyone think Trump will rush to SCOTUS about CO? It’s only 37 delegates. He gets more press not being on the ballot. Doesn’t he have 90 days to file?

GOP Hold out (Trump is the RINO!)

That’s an interesting point…. I’m curious too

C’mon

Happy Holidays Patreons 🌲

C’mon

Andrew, you said in today’s episode “Congress has never passed any law that regulates how former insurrectionists may, or may not, hold office,” yet the Amnesty Act of 1872 seems to do just that. I bring this up because I’ve been seeing this argument pop back up again in the Trump-o-sphere about how congress “gutted” Section 3 of the 14A (see Jess Waters ‘Congress eviscerated the 14th amendment 150 years ago’ segment on YouTube). Madison Cawthorne also brought the Amnesty Act up when he was being taken off the ballot. Can you speak to the Amnesty Act in an upcoming episode?

M Wade

Wouldn’t trust a thing Richie or his attorneys say about the IH-10 construction. His causation arguments—if they exist—are incredibly specious. He argued a totally different proximate cause of flooding just down the road (on the same side, but closer in to Beaumont) as an “expert witness” in another litigation. In that case, his side plead ~$29 million in damage to a piece of property not worth more than $2 million—and affirmatively argued against IH-10 as a superseding cause of flooding. Meanwhile, all of these lands were once used for rice farming. Opportunistic nonsense.

Foster B.

I feel like I'm missing out on a rabbit trail here! :)

Martin Algesten

One thing I don't get. The reporting is that Rudy Giuliani filed for Chapter 11 bankruptcy. I thought individuals can only do Chapter 7 or 13, but the Wikipedia page says "Chapter 11 filings by individuals are allowed, but are rare."

Martin Algesten


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