More revealing than yesterday’s decision by the Colorado Supreme Court to disqualify Donald Trump as a candidate for President in the state’s primary was the reaction of the other contenders for the Republican nomination. Let’s begin with Florida Governor Ron DeSantis, former South Carolina Governor Nikki Haley and whatever Vivek Ramaswamy. Remember all three raised their hand when asked if they would support Trump even if he was convicted of a felony crime. Here is what each said about the Colorado decision.
DeSantis: The Left invokes ‘democracy’ to justify its use of power, even if it means abusing judicial power to remove a candidate from the ballot based on spurious legal grounds.
Haley: The last thing we want is judges telling us who can and can’t be on the ballot.
Ramaswamy: This is what an actual attack on democracy looks like.
In contrast, former New Jersey Governor Chris Christie said he would not support Trump if he was convicted of a felony. However, his support of the American judicial system ended last night with his response to the Colorado ruling.
Christie: I do not believe Donald Trump should be prevented from being president of the United States by any court.
Ironically, Christie harbored no similar opinion concerning court intervention when it came to Gore v. Bush following the 2000 election. In fact, he uses Gore’s concession to contrast Trump’s behavior when it comes to respect for the judicial process.
Sadly, the only candidate for the Republican nomination who said he would not vote for a convicted felon and agreed with the Colorado ruling was former Arkansas Governor Asa Hutchinson, who remains in the race although he is polling at less than one percent and has not qualified for the last two debates.
Hutchinson: The Colorado Supreme Court’s ruling barring Donald Trump from the presidential ballot is what I raised as a concern in the first presidential debate in Milwaukee. The factual finding that he supported insurrection will haunt his candidacy.
So we now have five candidates, including Trump, who might as well be running on a platform to repeal Article III of the U.S. Constitution. For you strict constructionists out there, it contains some of the clearest possible language in any of the founding documents.
Section. 1.
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
Section. 2.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.
The U.S. Supreme Court will eventually have to rule on the Colorado disqualification. On today’s edition of “Morning Joe,” conservative and former Republican attorney George Conway admitted he had been skeptical of the case for disqualification until he read the dissenting opinions of the three Colorado judges who voted against banning Trump from the March 5 primary ballot. He found them to be logically weak and did not refute the facts. Trump engaged in insurrection and Section 3 of the 14th Amendment bars people who engage in insurrection from holding any public office.
He made another observation which undermined the argument that Trump had not physically participated in the January 6 insurrection. Conway noted that the phrase in the 14th amendment which reads, “shall have engaged in insurrection or rebellion against the same,” especially the phrase “the same” refers specifically to “the Constitution of the United States” in the previous clause. Therefore insurrection in Section 3 need not be a physical act. Insurrection, in this case, requires only a failure to follow the Constitution.
Conway concluded that, if the Supreme Court takes up the appeal, Trump’s lawyers will need to make much better arguments (not that such exist) and hope enough justices can tie themselves in knots coming up with a valid rationale to subvert the constitutional language.
One can only imagine Trump’s wrath if “my justices” uphold the Colorado decision. Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett should hope their benefactor did not keep a copy of Shakespeare’s Henry VI, Part 2 on his bedstand next to “The New Order,” a collection of Adolf Hitler’s speeches. Otherwise he might get ideas from Act IV, Scene 2 for his Day One dictatorship. “The first thing we do, let’s kill all the [judges].”
POSTSCRIPT: PARENTING LESSON
If your children have any interest in becoming conservative Republican politicians or working for one, there is a sure fire way to ensure that do not abandon their moral compasses. Change their last name to Hutchinson. If it’s a girl call her Cassidy. If it’s a boy, Asa seems appropriate.
For what it’s worth.
Dr. ESP
I have been surprised that George Conway turns out to actually be a good reader of the law despite his taste in women and a hairstyle from the 70’s.
And if Lawrence Tribe says it, it is good enough for me. He found their conclusion correct.
“The factual finding that he supported insurrection will [unfortunately, probably, boost] his candidacy.”