To which someone named Travel Tracy replied: “So you are a freaking Communist who doesn’t support the constitution—and you wonder why people LEAVE CALIFORNIA.”
“The CO decision isn’t based on state law, but rather on the US Constitution (specifically the 14th Amendment’s Section 3).
“What CO’s Supreme Court determined is that Trump is ineligible to be President under the 14th Amendment, because he had sworn an oath to uphold the US Constitution and then violated that oath by committing insurrection and rebellion.
“The removal of Donald Trump from Colorado’s presidential ballot isn’t the crux of that decision, but rather a byproduct of it. As others have pointed out, this isn’t really that different from if someone under 35 or born as a citizen of another country ran for POTUS.
“So if the US Supreme Court takes up the case and rules on it, it’s likely that that holding would have impacts not only for Colorado or other states that choose to remove Trump from the ballot, but potentially on the broader question of whether Trump can be POTUS.
“So yes, this is YUGE.”
“YUGE,” or huge, is how people mock Mr. Trump’s Queens, New York City accent.
Justice Samour’s Dissent Refutes Min
Apparently Mr. Min, a graduate of Harvard Law School and a law professor at the University of California–Irvine Law School, didn’t read the dissent by Colorado Justice Carlos Samour, a Democrat like others on the court. The very anti-Trump Washington Post did read Mr. Samour’s words and wrote in its editorial:“As Justice Samour points out in his dissent, however, what’s missing from the majority’s analysis is due process of law. Not only has Mr. Trump not been convicted of insurrection either by a jury of his peers or from the bench by a judge; he hasn’t even been charged with it. Tellingly, Justice Department special counsel Jack Smith has brought an aggressive case against the former president for conspiracy to defraud the United States, obstruction of an official proceeding and more—but not for violating the federal law against insurrection. The penalties for that, by the way, include disqualification from ‘any office under the United States.’
Harvard Strikes Again
Mr. Min was brought out to UCI Law by the school’s former dean and founder Erwin Chemerinsky, currently dean of UC Berkeley’s Law School, a friend of Attorney General Merrick Garland from their own Harvard Law days in the 1970s. I wrote about this in my Epoch Times article, “Berkeley Law Dean ‘Stunned’ by Students Radicalized at Schools Like Berkeley.”The fact is Americans are tired of the radical legal activism long promoted by Harvard Law and such graduates as Mr. Garland, Mr. Chemerinsky, and Mr. Min. Most outrageously, Mr. Garland has launched two of the four absurd criminal cases against former President Trump, also trying to keep him off ballots next Nov. 5.
Lt. Gov. Kounalakis Piles On
A graduate from radical Berkeley also is joining the piling on against Republicans’ right to pick their own candidate for president. Lt. Gov. Eleni Kounalakis, who is running for governor in 2026, has an MBA from Berkeley.No Insurrection
But as the Post pointed out, citing Mr. Samour, Trump hasn’t even been charged with “insurrection,” let alone convicted of it. There’s also the argument by former Attorney General Mike Mukasey in the Wall Street Journal: “Was Trump ‘an Officer of the United States’? A careful look at the 14th Amendment’s Insurrection Clause shows that it doesn’t apply to him.”He reasoned: “The latter question is easier. The use of the term ‘officer of the United States’ in other constitutional provisions shows that it refers only to appointed officials, not to elected ones. In U.S. v. Mouat (1888), the Supreme Court ruled that ‘unless a person in the service of the government ... holds his place by virtue of an appointment ... he is not, strictly speaking, an officer of the United States.’ Chief Justice John Roberts reiterated the point in Free Enterprise Fund v. Public Company Accounting Oversight Board (2010): ‘The people do not vote for the “Officers of the United States.”’
Conclusion: Another California Absurdity
Colorado used to be a conservative state. But so many Californians moved there, they yanked the Rock Mountain State to the left. That’s why it’s now dominated by leftist governors like the current one, Jared Polis, who appoint leftist justices. Albeit three of the seven justices still retained enough sense to object to the absurd ruling on Mr. Trump’s candidacy.Yet despite the exodus from the Golden State in recent years, enough leftists remain here, and in power, that the rest of us have to put up with them.
That’s why I think this latest California hallucination will be made moot by the U.S. Supreme Court ruling against the Coloradoans to prevent national electoral chaos.
(Full Disclosure: When state Sen. John Moorlach lost to Mr. Min in 2020, I was Mr. Moorlach’s press secretary and helped with and contributed to his campaign.)