What’s really going on with the Colorado Ballot Ruling.
by Rob Roper
The Colorado Supreme Court’s decision to remove Donald Trump from that state’s Republican primary ballot has sparked quite a bit of outrage, as it should have. Two state courts had already rejected the notion that the 14th Amendment provision of the US Constitution barring anyone who engaged in insurrection from holding office applies here because, quite frankly, it’s absurd. Here’s what Section 3 says:
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. But Congress may by a vote of two-thirds of each House, remove such disability.
This was put in place to deal with former members of the Confederate military and government following the Civil War. Donald Trump, love him or hate him, did not lead an army, or even a part of one, in armed rebellion against the United States or try to establish another nation. Moreover — small detail — he was formally acquitted of “incitement of insurrection” by his second impeachment trial. So, there’s that.
As such, and in addition to being patently absurd on its face, the Colorado ruling raises its own constitutional issues regarding the 5th Amendment’s right to due process. The US Supreme Court is almost certain to laugh this ruling out of their chambers as they strike it down.
Democrats know this isn’t going anywhere. So, what’s the point? There are several, none of which has to do with keeping Trump off any ballot.
Trump supporters are quick to assume that the Democrats are so deranged by their hatred of the 45th president that they’ll do anything to stop him, even barring him from running. Actually, I think the opposite is true. The Democrats see their best chance to win in November 2024 – not just the presidency but in down ticket races as well — is if Trump is the Republican nominee. What we have learned over the past half decade is that Trump is a bigger motivating factor for Democrats – voters and donors alike – than he is for Republicans. Democrats are not about to give that up. Their worst nightmare, at this point, is if Nikki Haley somehow managed to pull off a primary victory.
While many – almost all — polls show Trump beating Biden today, mostly those polls are within the margin of error. Trump loses to a “generic Democrat” by 8 points (i.e.. someone other than Biden, and, anticipating another chess move, I personally don’t think Biden will be the ultimate nominee). Haley, on the other hand, is crushing Biden by double digits.
From the Democrats’ perspective, Haley would be able to make the historical case for being the first female president, negating Democrats’ advantage among women. She is a minority, throwing a wrench into their “Republicans are racist” mantra. She’s not Trump, which undermines their “Democracy is under threat from insurrectionists” campaign theme. And Haley plays well in the suburbs, where Republicans have been struggling in recent cycles.
If another presidential candidate such as Haley were to emerge to take the Trump factors off the board for Democrats, and a ten-plus percentage point popular blowout victory by a Republican became plausible, this would send ripples through congressional and senatorial races nationwide. Under such a scenario, Republicans would be sure to solidify their hold on the House and win back the Senate. This is what the Colorado move is designed to prevent.
Haley is gaining momentum in Iowa, is especially gaining in New Hampshire, and after those two primaries, the contest goes to her home state of South Carolina. If Trump somehow loses those first three states, or even the latter two, the shock of it would create an opening for Haley to parley that momentum into a Super Tuesday win. Still a long shot, but it would be an opening, and the Democrats aren’t taking any chances.
The Colorado move, therefore, by design: A) Sucks up all the media oxygen and public attention away from the primary states and Trump’s surging challenger and puts the spotlight back on Trump where the Democrats want it. B) Creates a “rally around Trump” effect within the Republican voter base, again blunting Haley’s ability to make inroads. And C) sets up a future line of attack to rally Democrat voters against the “conservative” US Supreme Court. After SCOTUS inevitably overrules Colorado, look for the Democrats to let loose a broadside accusing the conservative court – especially Trump’s appointees — of “deciding the election.” AKA – Democracy is under threat!
In chess, this would be akin to a gambit sacrificing a piece to gain a stronger, overall strategic position heading into the end game. Will the move work? Will Republicans take the bait? How will Republicans counter? Time will tell.
Rob Roper is a freelance writer who has been involved with Vermont politics and policy for over 20 years. This article reprinted with permission from Behind the Lines: Rob Roper on Vermont Politics, robertroper.substack.com
Discover more from Vermont Daily Chronicle
Subscribe to get the latest posts sent to your email.
Categories: Commentary, News Analysis
Re: “Trump supporters are quick to assume that the Democrats are so deranged by their hatred of the 45th president that they’ll do anything to stop him, even barring him from running. Actually, I think the opposite is true. The Democrats see their best chance to win in November 2024 – not just the presidency but in down ticket races as well — is if Trump is the Republican nominee.”
Ahh, the subtlety of the logical fallacy. Try this one on for size.
‘You go down there, General Roper. There are thousands of ‘Trump supporters’ down there. And when they get done with you, there won’t be nothing left but a grease-spot.’
“Still trying to outsmart me, aren’t you, mule-skinner? You want me to think that you don’t want me to go down there, but the subtle truth is, you really *don’t* want me to go down there!” – – George Armstrong Custer, in Little Big Man
Well, that’s some desperate wishful thinking, because there’s no question at all that Trump will be the Republican nominee. The Dems and their dead-ender Republican allies are clearly driven by fear of Trump, not Haley. In fact, they love Nicki Haley: Her love of war and contempt for workers is exactly what unites them with the never-Trumper Republicans.
It just goes to show how scared the left is of DJT, even sitting judges make complete fools of themselves, and it will bite, be it these clowns in Colorado, or the pathetic and the real buffoon, is the NY judge Engoron………. Where do they get these fools !!
People are waking up, the left is running scared…………. Their control freaks will get there just reward along with creepy Joe.
Typical RINO hawking for Haley the war monger.
Feel free to disagree with me about who you think is the best candidate for 2024, but don’t call me a RINO. Trump is neither a fiscal nor a social conservative. He added over 8 trillion to the debt. He torpedoed House/Senate Republicans win over the D’s on Covid spending by trashing it as “way too little” (in process the helping to hand the senate control to the D’s in 2021 and opening the door for Biden’s inflation inducing spending package). You support a guy who refuses to consider any kind of entitlement reform. You support a pioneer of the transgender movement who overruled the judges at his Miss Universe pageant to allow a biological man to compete in 2012. You support a guy who thinks Andrew Cuomo did a better job of handling Covid than Ron DeSantis, and that a six week “heartbeat” abortion ban is too harsh. You support a guy who has done more to successfully elect Democrats to the House and Senate than he has Republicans, including donations of $8900 to Chuck Schumer, $8700 to Hillary Clinton, $5500 to “green czar” John Kerry, and $6000 to Kamila Harris in 2014. And, you support a guy who routinely trashes Republicans who support conservative fiscal and social policies. So, who’s the RINO?
Sorry…the shoe fits….wear it. Nikki is the 2024 version of the 2016 Rubio for the never-Trump RINOs of Vermont and New Hampshire.
Rob: If you’re not a RINO, why do recite RINO/Democrat talking points?
The federal debt under Trump increased $7.8 Trillion. When Biden was inaugurated on Jan. 20, 2021, the total federal debt was $27.752 Trillion. Today the federal debt is going to exceed $34 Trillion in another week or so. That’s a $6.24 Trillion increase so far under Biden. And we still have a year to go in Biden’s administration. Even if the debt’s rate of increase doesn’t grow further, Biden’s federal debt will have increased to $8.323 Trillion by this time next year. But at the current rate of increase, the federal debt is projected to grow $1 Trillion in just the last 3 months – and increase by $4 Trillion in 2024 alone. That would be an increase of more than $10 Trillion during Biden’s first term.
You, apparently, didn’t watch the Trump video in which Trump compared Covid deaths in Florida to Covid deaths in NY? Never mind that Trump wasn’t impressed with Cuomo or DeSantis. But, according to The Hill, data from the Centers for Disease Control and Prevention showed that Florida had the third highest number of COVID-19-related deaths in 2021, while New York had the fourth-most. A clear case of the RINO Pot and the Democrat Kettle.
And one of the typical Democrat (and RINO) talking points is that Trump “refuses to consider any kind of entitlement reform.” Entitlement Reform? Which entitlements are you talking about? Trump says “Do not cut the benefits our seniors worked for and paid for their entire lives. … Save Social Security; don’t destroy it.” And he’s right. The vast majority of we retired folks worked hard all our lives, faithfully paid into our Social Security and FICA programs, as did our employers on our behalf. Social Security and Medicare aren’t entitlements. They are a return on our investment. Never mind that the dollar I receive today is worth 1/8th the value of the dollar I paid in when I started paying my Social Security withholding.
Trump proposed $4.4 Trillion in spending cuts other than Social Security and Medicare. He wants to cut the size of the federal bureaucracy and non-defense discretionary programs – which is why the deep-state Democrats and never-Trumpers are so enraged that he’s gaining popularity.
With regard to the abortion issue – how about you be specific about what’s wrong with Trump’s remarks in that regard. I dare you.
The rest of your rants, on Trump’s political donations ten years ago, the level of Republican election success (as if the RNC and the VT GOP have a stellar record), and the Miss Universe pageant, are meaningless diversions.
“So, who’s the RINO?”
Dem talking points? LOL! Democrats are saying Trump spends too much? Supports the transgender movement? Trashes conservative candidates too much? Doesn’t follow through on his promises…. Sorry, haven’t seen such rants coming from MSNBC.
No, the Dem talking points are that Trump is a would-be dictator, a racist and a misogynist who will end democracy. Nothing I’ve ever accused him of, and don’t believe. But I don’t appreciate how moronically Trump himself handles these accusations by saying thinks like he’ll only be a “dictator on day one.” Writes the Dems campaign ads for them. Stupid.
But speaking of shoes and who should be wearing them, true Republicans support Republican principles of limited constitutional government, low taxes, individual rights and responsibilities, and traditional values. To turn these principles into policy, we support the Party and politicians who run under the Party banner with the practical goal of winning elections up and down the ballot. When the Party and/or its candidates abandons those principles or veers away from them, true Republicans call them out.
Republicans In Name Only, however, make excuses for abandoning principle. See Jay’s list below making excuses for Trump’s excessive spending, support for Democrats, support for big government and social Democrat policies, and his willingness to trash real Republicans who adhere to Republican principles (See calls to primary solid conservative Rep. Chip Roy, for example), trash Republican policy victories (See Florida heartbeat bill, etc), undermine Republican electoral success (See Georgia runoffs). So called Republicans who give Trump passes for this stuff are no different than the “RINOs” who give Phil Scott passes when he abandons the Party, undermines other Republican candidates, or breaks campaign promises.
So, here’s a RINO test. Ask yourself who’s success you are really rooting for at the end of the day — the Republican Party’s (defined by the “team’s overall success in terms of broad electoral victories that result in conservative policy implementation), or Donald Trump’s success as defined by him winning the presidency in 2024 no matter what he says or does and nothing else matters all that much. If your answer is the latter, you’re really not a Republican are you? That’s fine. You be you. But be honest about what that is.
Nice try, Rob. I’m not advocating for Republican or Democrat Party success. Rather, I’m advocating for the success of the American people, as individuals. And I think Trump is the best bet to achieve that end.
Now, please put the goal posts back where they belong.
“I’m not advocating for Republican… Party success.” AKA RINO. Which is fine. You don’t have to be a Republican to sincerely wish for the best outcomes for the American people. For my part, I believe that Republican success at all levels of government will generally lead to better policies at the local, state and federal levels and, as a result, more and better opportunities for individual success and overall success for the American people. So, I do advocate for Republican Party success. AKA Not RINO.
Nikki Haley won’t even win in her home state.
All of Koch’s money and all of Koch’s men won’t put poor Niki together again.
Personally I’ve been listening to Vivek lately. He makes a lot of sense and ticks a lot of boxes for me and so far all I have found that I don’t like is his Big Pharma roots which in comparison to Trumps investments in Big Pharma and his Warp Speed program Vivek looks better in this regard anyways.
Rob I agree with you though that keeping such a devisive man in the spotlight that has so many deranged is their best ploy and exactly why there is no debate with Trump on stage. Trump doesn’t need it to win, and everyone else needs to in order to compete.
Hi Brian, If you haven’t read Vivek’s book, Woke Inc, it is a must read. Really excellent. I wish in his campaign he had stuck to the themes he nails in the book about the American Dream, entrepreneurialism, meritocracy, and the left’s schemes to undermine them all to selfish advantage. Devolving as he did into juvenile trash talk as he has I think really hurt him this cycle. But he’s young and I hope can recover to play a future role.
I think he was just trying to take some of that from Trump’s camp… That’s how I perceived it anyways.
Does anyone seriously believe there will be a selection event November 2024? I can’t see it happening – even the mainscream[sic] is dropping clues of “black swan” events and throwing The Biden under the bus. If we make it to the end of the 1st quarter of 2024 without complete fake market, fake money meltdowns, I’ll be shocked.
The never – Trumpers are afraid that a Trump second term will clean out the DC swamp and the rats will be scurrying. The democRATS and the RINOs. Trump is the “right” choice. Haley is just more of the same.
This is a well written article and i believe it’s accurate except for one thing….i don’t think the election (actual ballot casting and counting) will be fair, regardless of candidate….the deep state will ensure that.