this post was submitted on 20 Dec 2023
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It’s all about setting a precedent. Just look at how many states are trying to open up investigations on the false electors following in the footsteps of other states.
Exactly.
With this ruling, maybe you get a Virginia or a New Jersey or an Oregon to take up a similar case and yield a similar decision now that the stigma of being first is gone.
And if one becomes two becomes five likely blue states who issue these 14A rulings (not that it will, but hypothetically) then you might see a Nevada or an Arizona or worst case for Trump, even a Wisconsin, Ohio, or Pennsylvania case break that way.
And if that happens, honestly, that might cook his goose.
It's a very, very long shot. Realistically, I expect SCOTUS to overturn this, and for that to be that on this front.
I've also wondered what happens if, say, SCOTUS overturns the Colorado ruling and Colorado in response basically says, "Hey fuck yourself SCOTUS, we run elections the way we chose, and at least in Colorado, his name's not going on the ballot regardless of what you say." I know there's not a snowball's chance in hell of that happening, but like...what would happen next? Does the federal government send in their own election staff all across the state with their own machines and the ballot that SCOTUS dictates? Do they arrest the governor? Do they nullify the state's electoral votes?