To Act for America Substack Subscribers
TIME SENSITIVE ALERT!
The Constitution, the democratic election system, party rights, due process, and ultimately, the voters' right to choose, are all under assault.
Democrat activist judges in the Colorado Supreme Court have attempted to ban President Trump from the ballot based on a blatant misapplication of the 14th Amendment and the outcome of this case is pivotal, as losing the right to vote could jeopardize the very foundations of our constitutional republic.
The American Center for Law and Justice (ACLJ), which has filed an appeal on behalf of the Colorado GOP, has declared this case the "greatest election interference case in U.S. history."
The ACLJ asserts that this case extends beyond a singular primary in one state, characterizing it as a profound attack on the fundamental right to vote for millions of Americans. The organization contends that the lawsuit, rooted in the 14th Amendment, is not merely against President Trump but threatens every American's right to participate in future elections and the potential dangers of a world where due process is disregarded, allowing state officials to unilaterally decide which candidates’ voters can support.
There are three main arguments, contesting the applicability of the disqualification provision of Section Three of the 14th Amendment to the President:
1. The disqualification provision of Section Three of the Fourteenth Amendment does not encompass the President, as the President is not classified as an officer of the United States under this section.
2. State courts and litigants cannot wield Section Three of the Fourteenth Amendment as a self-executing authority to act against presidential candidates; it does not inherently grant such power.
3. The decision by the Colorado Supreme Court constitutes a violation of the First Amendment associational rights of the Colorado Republican Party, impeding their ability to independently select their political candidates.
The ACLJ is urging the U.S. Supreme Court to grant expedited review due to the imminent nature of the case, asserting that the Colorado Supreme Court's decision could have irreparable effects on the electoral process. By filing the appeal, the ACLJ automatically stays the Colorado Supreme Court's ruling until the U.S. Supreme Court acts, temporarily keeping President Trump on the ballot.
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The Battle of the Ballot Ban Nationwide
In Arizona, a challenge by Republican presidential candidate John Castro was dismissed by U.S. District Judge Douglas Rayes, who ruled that the case lacked "standing" as Castro was not genuinely competing with Trump in the GOP primary.
California Lieutenant Governor Eleni Kounalakis urged the state's Secretary of State to explore legal options to remove Trump from the ballot, drawing inspiration from the Colorado case. A similar review is underway in Maine, where the Secretary of State is expected to decide next week.
Michigan's Court of Appeals allowed Trump to remain on the primary ballot, emphasizing the Republican Party's authority over candidate selection. However, the liberal organization Free Speech for the People has appealed, potentially taking the case to the Michigan Supreme Court.
Minnesota and Rhode Island's Supreme Courts ruled in favor of the Republican Party's discretion in deciding primary ballot candidates, but both indicated the possibility of separate challenges after the primaries.
Numerous lawsuits have been filed in other states, including Alaska, Nevada, New Jersey, New Mexico, New York, Oregon, South Carolina, Texas, West Virginia, Wisconsin, Wyoming, Vermont, and Virginia. John Castro has withdrawn challenges in various states, including California, Connecticut, Delaware, Idaho, Kansas, Maine, Massachusetts, Montana, North Carolina, Oklahoma, Pennsylvania, and Utah.
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