I was a respondent or party of a case in front of the US Supreme Court regarding presidential elections (Colorado Department of State vs. Polly Baca, Micheal Baca, and Robert Nemanich; linked to Chiafalo vs. Washington in 2020), so I now watch and read amicus briefs of cases I have interest in. Our case had 23 amici curiae briefs submitted, while Bret Chiafalo’s had 16. Even though we were testing the very foundation of the Electoral College system, this volume was usual. But the Colorado case of disqualification has invited a 240% or more submission of friends of the court arguments. The score is 40 supporting the petitioner (Trump) and 32 supporting the respondent (Anderson), with 5 demanding a definitive decision by SCOTUS.
The volume and amount of effort of each submitter with corresponding legal and historical research is exceptional, all within a month or less.
The supporters of Trump generally fall into these categories:
A) voter’s rights
B) Definitions, i.e., of “office” and or “officer”, or insurrection.
C) authority of Congress
D) Court’s intervention
E) state jurisdiction
The supporters of Anderson (Colorado) fall into these categories.
A) insurrection
B) intent of the 14th Amendment
C) Self-executing
D) States rights to administer elections
E) candidate disqualification
date |
submitter |
sustain |
overturn |
subject |
01/03/24 |
Sen Daines Natl GOP Sen Cmte |
|
# |
voter rights |
01/03/24 |
ACLJ (CO GOP Central Cmte) Jay Sekulow |
|
# |
Congress question |
01/03/24 |
Norma Anderson respondant |
* |
|
insurrection DQ |
01/05/24 |
IN, WVA + AZ +25 states |
|
# |
court intervention |
01/05/24 |
GOP Natl Cmte & GOP Cong Cmte |
|
# |
running vs holding office |
01/09/24 |
Prof Barrett Tillman Maynooth Law School |
|
# |
GriffithCase Congress authority |
01/11/24 |
Landmark Legal Foundation |
|
# |
voters rights |
01/11/24 |
Vivek Ramaswamy |
|
# |
voters rights |
01/15/24 |
David Weisberg |
|
# |
14th Amendment did not include POTUS |
01/16/24 |
Prof Kurt Lash Richmond Law School |
|
# |
definition of office |
01/16/24 |
William Jones |
|
# |
Congressional authority |
01/16/24 |
Ryan Blinkley candidate for POTUS |
|
# |
Congress authority |
01/16/24 |
Public Interest Legal Foundation Von Spalovsky |
|
# |
official finding of insurrection |
01/17/24 |
102 CO Registered Electors |
|
# |
Lack of Jurisdiction CO Supreme Ct |
01/17/24 |
Jack Cohen PA citizen |
|
|
just make decision |
01/17/24 |
League for Sportsman, Law Enforcement & Defense |
|
# |
definition of officer |
01/17/24 |
Pearl O Madrial |
|
# |
voter rights |
01/17/24 |
Claremont Institute Center for Constitutional Jurisprudence |
|
# |
officer |
01/17/24 |
Devin and Charles Warkins |
|
# |
definition of office, insurrection, self executing |
01/17/24 |
Children’s Rights Legal Scholars Advocates |
|
# |
voters rights |
01/18/24 |
City of NY Bar Associatio |
|
|
make a decision |
01/18/24 |
Judicial Watch Allied Education Assoc |
|
# |
due process |
01/18/24 |
Derek Muller |
* |
|
States rights |
01/18/24 |
Sen Ted Cruz & 177 Senators |
|
# |
Congressional authority |
01/18/24 |
Brennan Center for Justice Protect Democracy |
* |
|
States rights jurisdiction of courts |
01/18/24 |
James Madison Center for Free Speech |
|
# |
direct action of insurrection |
01/18/24 |
NAACP Legal Defense Education Fund |
* |
|
make decision 14th Amendment |
01/18/24 |
Former US Attorney’s et al |
|
# |
due process |
01/18/24 |
Edward Foley, Ben Ginsberg, Richard Hassan |
|
|
make decision |
01/18/24 |
David Boyle |
* |
|
make decision |
01/18/24 |
Peter Meijer (former Congressman-MI) |
|
# |
voters will |
01/18/24 |
State of Indiana Office holders |
|
# |
congress authority |
01/18/24 |
Akhil Reed Amar |
|
|
make decision on oath |
01/18/24 |
Terpshore ‘Tore’ Maras |
|
# |
voters rights |
01/18/24 |
Condemned USA |
|
# |
primaries are not govt function |
01/18/24 |
Chuck Gray Secretary of State Wyoming |
|
# |
definition of officer |
01/18/24 |
Prof James Lingren |
|
# |
definition of officer |
01/18/24 |
Larry Kidd |
|
# |
voters rights |
01/18/24 |
KS GOP & 32 other state and territory GOP parties |
|
# |
not ripe for adjudication |
01/18/24 |
Professors & Legal Scholars |
|
|
make decision |
01/18/24 |
Fmr AG’s; Edwin Meese, Michael Mukusey, William Barr Citizens United |
|
# |
does not cover candidates |
01/18/24 |
US Term Limits |
|
# |
does not invoke Thornton |
01/18/24 |
State of Kansas |
|
# |
A-14 Section 3 dormant |
01/18/24 |
Christian Family Coalition FL |
|
# |
Text, of A-14 |
01/18/24 |
Secretary of State MI |
|
|
make decision |
01/18/24 |
Sec of States MS, AL, AR, ID, IN, KS, MT, NE, OH, TN, WVA |
|
|
make decision |
01/18/24 |
America’s Future (Gun Rights Advocate) |
|
# |
voters rights |
01/18/24 |
Gavin Wax Young GOP NY Club |
|
# |
voters rights |
01/22/24 |
Antaeus Edelsohn |
* |
|
intent of 14th A Section 3 |
01/24/24 |
Burton, Lichtman, Painter, James McPherson, et al 25 professors |
* |
|
Section 3 covers POTUS |
01/29/24 |
Brian Martin |
* |
|
Constitution applies to protect the nation |
01/29/24 |
Judge Michael Luttig-ret, Keisler, Thompson, Gerson, Ayer et al |
* |
|
make decision, 14-A applies in textual interpre |
01/29/24 |
American Historians; Lepore, Blight, Gilpin, Witt |
* |
|
14th A Section 3 applies self executing |
01/30/24 |
Common Cause |
* |
|
let voters decide is not democratic |
01/30/24 |
Former GOP Governor’s Assoc |
* |
|
basic qualifications to office & oath |
01/30/24 |
Prof Kermit Roosevelt |
* |
|
text of A-14 applies |
01/30/24 |
Prof’s Anderson Farrell |
* |
|
not undemocratic A-14 Sec 3 |
01/31/24 |
Constitutional Accountability Office |
* |
|
any individual who took oath |
01/31/24 |
Michael Worley |
* |
|
officers of US covers all position incl POTUS |
01/31/24 |
Law Prof Mark Graber |
* |
|
defined insurrection, |
01/31/24 |
former CO Secretary of State Mary Buchanan |
* |
|
protect electoral process |
01/31/24 |
Josh Autry |
* |
|
insurrection DQ |
01/31/24 |
former members of GOP Congress |
* |
|
Congress is about peaceful transfer power |
01/31/24 |
CO Sec of State Griswold |
* |
|
merits of the case |
01/31/24 |
Retired State Supreme Ct Justices |
* |
|
Supremacy clause requires state to enforce |
01/31/24 |
David Cullenberg, Corky Messner, William Saturley |
* |
|
Trump led insurrection |
01/31/24 |
Sherrilyn Ifill |
* |
|
14th A applies |
01/31/24 |
Experts in Democracy |
* |
|
democracy rare, fragile A-14 applies |
01/31/24 |
SF Taxpayers Assoc Quintin Kopp |
* |
|
oath of office POTUS |
01/31/24 |
Police Officers US Capitol |
* |
|
Trump incited insurrection |
01/31/24 |
Prof Driesen, Feeley, Halmai, Scoseria, Manheim, Smith |
* |
|
oaths of office DQ |
01/31/24 |
Prof Somin |
* |
|
Sec 3 safeguards republic |
01/31/24 |
Jordan Michelson |
* |
|
DQ by participating in insurrection |
01/31/24 |
US Justice Foundation |
|
# |
CO no jurisdiction |
01/31/24 |
Prof Edward Larson |
* |
|
20th A text allows DQ of candidates |
01/31/24 |
David Tatge |
* |
|
Section 3 self executing |
01/31/24 |
Jeremy Bates |
* |
|
Public fiduary POTUS |
|
|
32 |
40 |
|
This will be one of the biggest and most defining Supreme Court decisions in the 21st century. It would be ironic or coincidental if the decision was made public on February 19th (President’s Day).
Interestingly, some subgroups align with each side. One could say that most of the submissions supporting Trump are from current partisan party politicians, political advocacy organizations, or political action committees. The groups supporting Anderson (Colorado) are academic and legal scholars, historians, former politicians, Republicans, and individuals. But what can be gleaned is either side's general tone and subjects of oral arguments that solicitors will highlight.
Does the 14th Amendment, Section 3 apply?
The application will need acceptance and consensus that an insurrection occurred, demanding a judicial declaration as to what that is and if that occurred.
Does the 14th Amendment require Congressional law to execute or enforce, or is it self-executing?
Is the Presidency beholden to the definition of “office” or “office holder” within Section 3?
What was the intent of Congress and the States when passing the 14th Amendment?
If in the affirmative as to whether an insurrection occurred, if it is self-executing, the Presidency is beholden to Section 3, which includes taking an oath of office. Did the intent of Congress hold that someone “found” to be bound by the above questions will they, in the majority, apply it and disqualify Trump from the presidency and, therefore, be removed from the ballots?
Even if that happens, there is a strong sentiment that this does not preclude Trump from continuing to run for the Republican nomination and forcing what occurred following the Civil War.
“Disqualification grew in urgency when, in elections held in the fall of 1865, two former Confederate senators and four former Confederate congressmen were elected to the Thirty-Ninth Congress...In January, these fears were all but realized when the Democrat Alexander H. Stephens, the former vice president of the Confederacy, was elected to the U.S. Senate. The clerk of Congress refused to call the names of the ex-Confederates at roll, and they were never seated.”