{"id":7463,"date":"2023-12-01T19:51:10","date_gmt":"2023-12-01T20:51:10","guid":{"rendered":"https:\/\/wifamily.news\/?p=7463"},"modified":"2023-12-01T21:58:39","modified_gmt":"2023-12-01T21:58:39","slug":"gop-ags-argue-colorado-courts-cant-remove-trump-from-primary-ballot","status":"publish","type":"post","link":"https:\/\/wifamily.news\/?p=7463","title":{"rendered":"GOP AGs Argue Colorado Courts Can\u2019t Remove Trump From Primary Ballot"},"content":{"rendered":"

This post originally appeared at https:\/\/www.wisconsinrightnow.com\/gop-ags-argue-colorado-courts-cant-remove-trump-from-primary-ballot\/<\/a><\/p>\n

\"Remove<\/p>\n

A coalition of 19 attorneys general filed a brief with the Colorado Supreme Court arguing an appeal to keep former President Donald Trump off the primary ballot can\u2019t be decided by the courts.<\/p>\n

The 41-page brief<\/a>, led by Republican Attorneys General Patrick Morrisey of West Virginia and Theodore Rokita of Indiana, argues Congress should decide any alleged violation of the 14th Amendment of the U.S. Constitution. The brief states the \u201ccourts have no business second guessing Congress\u2019s decisions to enforce \u2013 or not enforce\u2014the Clause,\u201d referring to the insurrection clause in the amendment.<\/p>\n

\u201cThe Fourteenth Amendment entrusts Insurrection Clause questions to Congress\u2014not state officials or state courts,\u201d the brief states. \u201cThe Amendment vests Congress with \u2018power to enforce\u2019 the Insurrection Clause \u2018by appropriate legislation\u2019 and power to \u2018remove [the] disability\u2019 it imposes.\u201d<\/p>\n

The brief was filed on the same day as a brief by three Republican secretaries of state<\/a> arguing the case should be dismissed because District Court Judge Sarah Wallace described Trump as an \u201cinsurrectionist.\u201d<\/p>\n

Judge Wallace ruled in favor of Trump<\/a> earlier this month. Although she wrote Trump\u2019s speech on Jan. 6, 2021, \u201cincited imminent lawless violence,\u201d his words didn\u2019t meet the amendment\u2019s requirement of \u201cengagement.\u201d<\/p>\n

The attorneys general argue the definition of \u201cinsurrection\u201d shouldn\u2019t be decided by the courts.<\/p>\n

\u201cFor example, the term \u2018insurrection\u2019 is hardly as well defined as the district court let on,\u201d the brief states. \u201cAnd allowing each state and its courts to determine eligibility using malleable standards would create an unworkable patchwork of eligibility requirements for President.\u201d<\/p>\n

\u201c\u2026 In truth, an \u2018insurrection\u2019 is more serious than the district court\u2019s definition supposes. Where the Constitution uses the term \u2018insurrection,\u2019 that term appears alongside terms like \u2018invasion\u2019 and \u2018rebellion.\u2019\u201d<\/p>\n

The brief aligns with arguments submitted<\/a> by the secretaries of state regarding a prediction of \u201celectoral chaos\u201d if a party\u2019s presidential candidate appears on some state primary ballots but not on others.<\/p>\n

The brief states the Trump\u2019s impeachment by the House of Representatives after Jan. 6, 2021, and subsequent acquittal by the Senate shows Congress hasn\u2019t found him guilty of an infraction under the constitution.<\/p>\n

\u201cCongress, then, has rendered its judgment \u2013 and it disagrees with petitioners\u2019 view that former President Trump engaged in insurrection,\u201d the brief states. \u201cPetitioners want this Court to try again, but \u2018[f]ailure of political will does not justify unconstitutional remedies.'”<\/p>\n

Attorneys general from Alabama, Alaska, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming joined Morrisey and Rokita in filing the brief.<\/p>\n

The Minnesota Supreme Court ruled in favor of Trump in a similar case and an appeal in Michigan is ongoing.<\/p>\n","protected":false},"excerpt":{"rendered":"

This post originally appeared at https:\/\/www.wisconsinrightnow.com\/gop-ags-argue-colorado-courts-cant-remove-trump-from-primary-ballot\/ A coalition of 19 attorneys general filed a brief…<\/p>\n","protected":false},"author":15,"featured_media":7355,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[],"class_list":["post-7463","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-wi-right-now"],"_links":{"self":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/7463","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/users\/15"}],"replies":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7463"}],"version-history":[{"count":2,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/7463\/revisions"}],"predecessor-version":[{"id":7465,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/7463\/revisions\/7465"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/media\/7355"}],"wp:attachment":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7463"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7463"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7463"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}