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  • The argument is that section 3 of the 14th amendment is self-executing which in legal terms means that he doesn't have to be convicted for it to take effect. Similarly, we don't have to obtain a court ruling that Vladimir Putin isn't eligible to run for US president, for example, because the part of the Constitution requiring presidential candidates to be natural born citizens is also self-executing.

    Whether or not section 3 is in fact self-executing is not settled law, so that could be one way the SCOTUS overturns the Colorado decision, as I think is likely.

    The upshot is that given the above, you are in fact incorrect as a legal matter since it's well within the Colorado supreme Court's remit to rule that section 3 is self-executing whether we agree or not.

  • Why do you keep saying "Dems" like this is some kind of decision arrived at by the DNC or the Biden Administration? This is the result of a group of attorneys and 4 judges in Colorado. I and everyone else in this thread had zero say in the matter. I even think you may be right that this ends up being a negative for the Dems. We will see.

    That said, attorneys and judges being what they are, I don't see how this wasn't going to happen one way or another regardless of what anyone thinks about it.

    Also, I would take Desantis over Trump in a heartbeat. Desantis would be bad, but he is not a gifted politician and doesn't have anything like Trump's cultish following and ironclad control over the cowardly leadership in the Republican party. There is no universe in which a president Desantis becomes a permanent dictator. He'd be lucky to complete a single term in office.

  • It's due to their population. It's like 10 times bigger than most other states so there are a lot of competing interests. Also, California is the only contiguous state that encompasses its own geographic region that's not shared with any other states. I don't know that this complicates its laws necessarily, but it is just one more way in which it's unique.

  • The question you are trying to get at is whether or not section 3 is self-executing. The answer is that it's not a settled matter.

    The consensus right now, as far as I can tell based on my media consumption, is that the SCOTUS will overturn the Colorado decision. The real question is how they will decide to do so.

  • But that just proves my point that it has to be more than just putting kids into foster care. You wouldn't claim that we're guilty of genocide every time we take a white kid away from their drug-addicted criminal family. There has to be more to it as you yourself have just tacitly acknowledged. It has to be systemic and part of a much larger pattern, just as was the very program vis Native Americans that you mention.

    Again, the case remains; simply removing kids from their families is not necessarily grounds for charges of genocide. We need more.

    What about this do you not understand?

  • It will go to the SCOTUS first and if they overturn the decision then it's back to square one. Even if they don't overturn the decision, it also still depends on enough swing states also barring Trump from running, since Colorado is a blue state that he was never going to win anyway.

    What we really want are states like Michigan, Ohio and Pennsylvania to bar him from running. Then he really would be fucked.

  • There are still some pro-Ukraine Republicans, especially in the Senate. They are nowhere near the majority however, but if enough of them decide to do the right thing (not likely, I realize) and vote with the Dems, a deal can still be made. Not going to happen until late January or February though.