• Go figure - Michigan understands the law better than Colorado

    From NoBody@21:1/5 to All on Wed Dec 27 12:17:38 2023
    XPost: alt.fan.rush-limbaugh, can.politics, alt.politics.liberalism
    XPost: alt.politics.democrats, alt.politics.usa.republican

    " The Michigan Supreme Court has rejected an attempt to remove former
    President Donald Trump from the 2024 primary ballot based on the US Constitution’s “insurrectionist ban.”

    The outcome, which was generally expected, is a victory for the former president, though an effort to remove him could be renewed for the
    general election. Wednesday’s decision contrasts with the recent
    ruling from the Colorado Supreme Court, which kicked Trump off its
    primary ballot because of his role in the January 6 Capitol riot. That
    decision has been paused pending an appeal.

    With these dueling decisions, the expected appeals to the US Supreme
    Court become even more critical, especially as the nation races toward
    the start of the 2024 primaries. Unlike in Colorado, the Michigan
    lawsuit never reached a trial and was dismissed early on in the
    process. An intermediate appeals court upheld the decision to toss the
    case on procedural grounds.

    The Michigan Court of Claims judge who first got the case said state
    law doesn’t give election officials any leeway to police the
    eligibility of presidential primary candidates. He also said the case
    raised a political question that shouldn’t be decided in the courts. "

    https://www.cnn.com/2023/12/27/politics/michigan-supreme-court-rejects-insurrectionist-ban-case-and-keeps-trump-on-2024-primary-ballot/index.html

    --- SoupGate-Win32 v1.05
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  • From Delma T. Ivey@21:1/5 to NoBody on Wed Dec 27 09:28:33 2023
    XPost: alt.fan.rush-limbaugh, can.politics, alt.politics.liberalism
    XPost: alt.politics.democrats, alt.politics.usa.republican

    On 12/27/2023 9:17 AM, NoBody wrote:
    " The Michigan Supreme Court has rejected an attempt to remove former President Donald Trump from the 2024 primary ballot based on the US Constitution’s “insurrectionist ban.”

    The outcome, which was generally expected, is a victory for the former president, though an effort to remove him could be renewed for the
    general election. Wednesday’s decision contrasts with the recent
    ruling from the Colorado Supreme Court, which kicked Trump off its
    primary ballot because of his role in the January 6 Capitol riot. That decision has been paused pending an appeal.

    With these dueling decisions, the expected appeals to the US Supreme
    Court become even more critical, especially as the nation races toward
    the start of the 2024 primaries. Unlike in Colorado, the Michigan
    lawsuit never reached a trial and was dismissed early on in the
    process. An intermediate appeals court upheld the decision to toss the
    case on procedural grounds.

    The Michigan Court of Claims judge who first got the case said state
    law doesn’t give election officials any leeway to police the
    eligibility of presidential primary candidates. He also said the case
    raised a political question that shouldn’t be decided in the courts. "

    So, this was a procedural ruling, not a substantive one, and so we see that the Michigan courts never even considered the applicability of 14.3.

    The Colorado judges did, and they got it right.

    --- SoupGate-Win32 v1.05
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  • From Alan@21:1/5 to NoBody on Wed Dec 27 09:36:32 2023
    XPost: alt.fan.rush-limbaugh, can.politics, alt.politics.liberalism
    XPost: alt.politics.democrats, alt.politics.usa.republican

    On 2023-12-27 09:17, NoBody wrote:
    " The Michigan Supreme Court has rejected an attempt to remove former President Donald Trump from the 2024 primary ballot based on the US Constitution’s “insurrectionist ban.”

    The outcome, which was generally expected, is a victory for the former president, though an effort to remove him could be renewed for the
    general election. Wednesday’s decision contrasts with the recent
    ruling from the Colorado Supreme Court, which kicked Trump off its
    primary ballot because of his role in the January 6 Capitol riot. That decision has been paused pending an appeal.

    With these dueling decisions, the expected appeals to the US Supreme
    Court become even more critical, especially as the nation races toward
    the start of the 2024 primaries. Unlike in Colorado, the Michigan
    lawsuit never reached a trial and was dismissed early on in the
    process. An intermediate appeals court upheld the decision to toss the
    case on procedural grounds.

    The Michigan Court of Claims judge who first got the case said state
    law doesn’t give election officials any leeway to police the
    eligibility of presidential primary candidates. He also said the case
    raised a political question that shouldn’t be decided in the courts. "

    https://www.cnn.com/2023/12/27/politics/michigan-supreme-court-rejects-insurrectionist-ban-case-and-keeps-trump-on-2024-primary-ballot/index.html

    And your expertise to judge who has the better understanding is...

    ...what?

    Where did you get your law degree?

    '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, or under any state, who, having previously
    taken an oath, as a member of Congress, or as an officer of the United
    States, or as a member of any state legislature, or as an executive or
    judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the
    same, or given aid or comfort to the enemies thereof.'

    What part of that text is unclear to you?

    Is "President" an "office" "under the United States"? That's what your constitution calls it:

    'Section 1

    The executive Power shall be vested in a President of the United States
    of America.

    He shall hold his Office during the Term of four Years'.

    So explain how the 14th's disqualification doesn't apply.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Josh Rosenbluth@21:1/5 to NoBody on Wed Dec 27 10:13:14 2023
    XPost: alt.fan.rush-limbaugh, can.politics, alt.politics.liberalism
    XPost: alt.politics.democrats, alt.politics.usa.republican

    On 12/27/2023 9:17 AM, NoBody wrote:
    " The Michigan Supreme Court has rejected an attempt to remove former President Donald Trump from the 2024 primary ballot based on the US Constitution’s “insurrectionist ban.”

    The outcome, which was generally expected, is a victory for the former president, though an effort to remove him could be renewed for the
    general election. Wednesday’s decision contrasts with the recent
    ruling from the Colorado Supreme Court, which kicked Trump off its
    primary ballot because of his role in the January 6 Capitol riot. That decision has been paused pending an appeal.

    With these dueling decisions, the expected appeals to the US Supreme
    Court become even more critical, especially as the nation races toward
    the start of the 2024 primaries. Unlike in Colorado, the Michigan
    lawsuit never reached a trial and was dismissed early on in the
    process. An intermediate appeals court upheld the decision to toss the
    case on procedural grounds.

    The Michigan Court of Claims judge who first got the case said state
    law doesn’t give election officials any leeway to police the
    eligibility of presidential primary candidates. He also said the case
    raised a political question that shouldn’t be decided in the courts. "

    https://www.cnn.com/2023/12/27/politics/michigan-supreme-court-rejects-insurrectionist-ban-case-and-keeps-trump-on-2024-primary-ballot/index.html

    This was not a ruling (one way or the other) on the merits of whether
    Trump engaged in an insurrection or even the federal questions raised by
    the case (e.g., was their due process, is Trump subject to 14.3).

    Instead, this was a ruling based on Michigan law that Trump must be
    placed on the primary ballot even if he is disqualified by 14.3. They
    held the proper time to bring the case would be later on for the general election.

    Colorado's laws are different and allowed the merits to be reached for
    the primary ballot.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)