The SCOTUS doesn’t get to decide if there was an insurrection, either. That’s legislating from the bench. Only Congress can declare an insurrection.I voted for a 9-0 SCOTUS reversal of the Colorado decision.
Even though I despise the Orange Modern-Day Benedict Arnold at its center.
Why?
It seems likely that a Federal -level declaration of a state of Insurrection is beyond the legal standing of a State -level court.
Now...
If the Federal government would officially DECLARE that January 6, 2021 was an "Insurrection" in a legal sense...
Then the State courts would have a Legal Leg to stand on, in this context.
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Keep in mind that it is possible that SCOTUS will be asked to make that determination as part of these appeal proceedings.
And, if that turns out to be the case, and they DO rule that it was an Insurrection, then they might uphold Colorado.
Other than that particular scenario, I smell a 9-0 in favor of the Orange Baboon-God ahead of us.
I wish it were different but wishing doesn't make it so.