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Colorado GOP Threatens to Go Rogue If Trump Decision Stands
(www.thedailybeast.com)
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this post was submitted on 21 Dec 2023
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Well, they can do their caucus thing as they like. As long as Trump will not appear on the ballot, I'm fine with it.
The courts decision is a bit wonky, though. I don't consider "being the candidate for party X" an "office, civil or military, of the United States", so banning him from the primaries is (IMHO) unwarranted. On the other hand, the court admits that Trumps actions are valid reasons to invoke A14, so removing him from the ballot papers for November would be justified. And that is the only place that counts.
Luckily for you, Supreme Court Justice Neil Gorsuch already ruled on that precise topic when he was a Colorado judge. A foreign born man who had become a US citizen, a person who is ineligible by default, still insisted he should have the right to run for president even if he can't take office.
Gorsuch ruled that the state had a responsibility to prevent anyone who is ineligible for office from even being allowed on the ballot.
His decision was even cited in Trumps ruling.
And that makes sense. If a person can't legally hold the office, it's letting people waste their votes by allowing that person to remain on the ballot.
You might argue that people should know all about who they're voting for, but we all know that's not the case.
He didn't actually rule on this. There was no question of eligibility in that case, it was just whether being ineligible for the position gave the state the right to block him from the ballot. This one will hinge on whether or not the amendment applies to trump. And based on the wording of the amendment, unfortunately, they have multiple ways to reasonably argue it does not, and we all know the conservative majority will rule he is eligible.
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States
Can't hold any office. Pretty plain.