Three main points before getting to the substance. [213 page opinion HERE]
#1) It was a 4-3 decision. Meaning it was the politics of the court, literally the political makeup and perspective therein, that determined the outcome of the decision. This is showcased in point #3, which is the funniest part.
#2) The entire framework of the case against Trump in the Colorado decision is predicated on this: " asserted that he was ineligible under Section Three because he engaged in insurrection on January 6, 2021, after swearing an oath as President to support the U.S. Constitution.
As long as President Trump appeals the decision to the Supreme Court, the appeals court stays their own ruling - essentially indefinitely.
The Colorado primary ballots printed, and the primary election will be over, before the Supreme Court puts this on their docket.
In addition to the virtual guarantee the high court will overrule this political nonsense, SCOTUS can make the entire issue moot before them by following their own normal schedule for submissions, arguments, deliberation and opinions delivered by the court.
The Colorado appellate court knows this, that's why they put this self-stay into their 4-3 ruling.
As the Supreme Court explained in Free Enterprise Fund v. Public Company Accounting Oversight Board, an "Officer of the United States" is someone appointed by the President to aid him in his duties under Article II, Section 2.
Have we forgotten when Trump won the Colorado primary in 2016, and the delegates all promised to vote for Ted Cruz at the convention anyway.
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