Saturday, November 18, 2023

Interpreting the Colorado court decision that seems to cut both against and for Donald Trump

Marcy Wheeler, on emptywheel, offers a useful and accessible summary and analysis of the November 17, 2023 Colorado District Court order by Judge Sarah Wallace

Dr. Wheeler finds a clear path through the Court's ruling that:

A. Donald Trump did engage in insurrection, and 

B. Judge Wallace does not use that finding of fact to exclude Donald Trump from the 2024 Colorado primary election ballot, electing instead to push the decision to the Colorado Supreme Court to the extent that the higher Court agrees to accept the case on appeal and rule on it's application. 

To that end, Judge Wallace writes:

The Court has endeavored to give the Colorado Supreme Court all the information it needs to resolve this matter fully and finally without the delay of returning it to this Court.

FWIW, I think the Final Order from Judge Wallace and Dr. Wheeler's analysis are both careful, clear reading for folks outside the legal professions.


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