State Sponsored Election Interference
President Trump, the 14th Amendment, and the Colorado Supreme Court
The Colorado Supreme Court appeal in Anderson v. Griswold was argued Wednesday, and brace yourself for the very real possibility that the court that keeps sending Baker Jack Phillips to SCOTUS may overturn the District Court's ruling that President Trump may be on the ballot in the Centennial State.
The first matter before the court is does Section 3 of the 14th Amendment apply to the President, as an "Officer" per the text of Section 3. There was an extended discussion about Confederate President Jefferson Davis and the parallels between the Civil War and the Capitol chaos on January 6. The justices raised questions about the potential unequal treatment of Colorado's Republican voters if they are denied the opportunity to vote for President Trump. Eric Olsen passionately argued that President Trump's inclusion on the ballot would dilute the votes for "qualified" candidates.
The second matter was whether January 6 was an insurrection at all. Olsen declared that Judge Wallace, in her civil court domain, had delivered a criminal finding that Trump intentionally incited insurrection, and that the improper ruling should stand. Scott Gessler, on the other hand, argued that January 6 must be viewed as more of a "riot." To be honest, the arguments on both sides were weak.
The potential outcomes include the court:
Upholding the District Court's Findings on both the 14th Amendment and the Insurrection.
Overturning the District Court's Findings on both the 14th Amendment and the Insurrection.
Upholding the District Court's Findings on the 14th Amendment and overturning the ruling on the Insurrection. This is the right call.
Overturning the District Court's Findings on the 14th Amendment, and upholding the ruling on the Insurrection. This removes Trump from the ballot.
This case has implications on the 22 other Section 3 challenges across the country, and regardless of the decision, it is expected to be appealed to SCOTUS. A decision from the state high court is expected early next week, and the entire matter has to be concluded before the statutory deadline of December 29, 2023.
Check out my latest in Badlands for extended coverage and analysis for the 14th Amendment challenges!