Democracy Is Not A Free-For-All

The Colorado court’s decision will confirm for millions of Trump voters that his opponents will do everything possible to deny them their democratic choice. https://t.co/hRT9zUvogw via @WSJopinion

— Senator John Cornyn (@JohnCornyn) December 21, 2023

Hasan v Colorado would like a word:

"a state's legitimate interest in protecting the integrity and practical functioning of the political process permits it to exclude from the ballot candidates who are constitutionally prohibited from assuming office."

 The words of Neil Gorsuch, now a Supreme Court Justice. 

The third clause of the 14th Amendment has never been invoked before, but:

Every state plus the District of Columbia has excluded candidates who lack qualifications, including presidential candidates who don’t meet constitutional qualifications. One of the most important decisions addressing this power comes from the U.S. Court of Appeals for the 10th Circuit, where then-Judge (now Supreme Court Justice) Neil Gorsuch authored a 2012 opinion involving a presidential candidate’s access to the ballot.

Those of us old enough remember Donald Trump trying to use same grounds as Hasan (he was a naturalized citizen, and so not qualified to be on the Colorado ballot as a presidential candidate) against Barack Obama, though Trump never put his legal money where his mouth is.

So all you armchair Supreme Court justices need to sit down and shut up. This is way outta your league. (Whether the real justices handle it correctly, which is a matter of reasoning, not result, is another matter.)

“This isn’t politics. It’s the Constitution that will disqualify the former president if he’s disqualified,” says J. Michael Luttig. The former federal judge help craft the strategy that resulted in Colorado blocking Trump from the ballot.

Full interview: https://t.co/jDRCjR5Gb2 pic.twitter.com/Hhs4HYzABZ

— Ryan Warner (@cprwarner) December 20, 2023