The Supreme Court is actually, occasionally Right
I can’t believe that I’m saying this. I can’t believe that it happened. But I agree with the Supreme Court. I don’t like the short-term results of their decision, but I actually think it was the right decision.
The Colorado Supreme Court ruled in December that Trump could not appear on state ballots because he had violated the “insurrection clause” of the Constitution’s 14th Amendment. The US Supreme Court, last week, overturned that decision, ruling that state governments do not have the power to exclude candidates from federal elections.
Trump should absolutely be barred from running for election, as president or any other position. He should be imprisoned. He incited an insurrection. He led a failed coup. It seems that only by virtue of the coup’s failure (and his cowardice and the people handling him preventing him from more active, continuing participation) can Trump and his supporters claim that he didn’t actually do anything wrong. Just because you didn’t succeed in committing treason doesn’t mean you can’t be charged for it. Failing in pursuit of a crime doesn’t mean you are excused from guilt and prosecution. If that were the case, no one could be charged with attempted murder. The Trump team’s other excuse is that Trump didn’t personally, directly assault the capitol (because he is a coward and the people handling him prevented it). If you can’t be prosecuted because the extent of your role in a crime was telling other people, people who follow you, to do it, then Charles Manson, the slews of Mafia dons and capos that have been scooped up on RICO charges, and tons of other people who orchestrated, ordered, or incited myriad other crimes, couldn’t have been imprisoned.
By lying to his supporters and encouraging them to stage a rebellion against the United States government in his name, Trump “engaged in insurrection or rebellion.” That should be obvious. He should be prosecuted and condemned to wallowing in a fetid pit, not running for president. However, while I appreciate Colorado’s efforts, I agree that it shouldn’t be the role of state governments to bar federal candidates from participation in elections. The reason being that the outcome of setting that precedent is obvious and disastrous: every state government that does not like a particular candidate, or is allied with another, would bar candidates based on that precedent, their prejudice, and flimsy legal justifications. There’s no doubt that every Republican-led state legislature and/or judiciary would ban anyone but their preferred candidates from appearing on state ballots. We do not need to be giving these fascists more legal weapons.
The foundation of Colorado’s case against Trump was correct. The problem was that states cannot change, or act in contravention of, federal law. Trump’s candidacy is the purview of the federal government. They should have, could have, and still can bar Trump from the election, as well as prosecute him for insurrection. It is shameful that they haven’t and have no apparent intention to do so. If only those with the power to do the right thing had the courage and sense to do what Colorado attempted.