Attorney General Jackley Requests SCOTUS To Reverse Colorado Ballot Disqualification of Trump

Attorney General Jackley Requests SCOTUS To Reverse Colorado Ballot Disqualification of Trump

PIERRE, S.D. – South Dakota Attorney General Marty Jackley has joined an amicus brief requesting the U.S. Supreme Court reverse the Colorado State Supreme Court ruling that kept former President Donald Trump off the ballot for that state’s Presidential Primary election.

The originating lawsuit was filed by six Colorado voters who insisted Trump is disqualified from office under a Civil War-era insurrection clause in the 14th Amendment because of his alleged involvement in the Jan. 6 incident at the U.S. Capitol.

A state district judge ruled the insurrection clause does not apply to the presidency and allowed Trump to be on the ballot.  Then the Colorado Supreme Court issued a ruling barring Trump from the GOP primary ballot under the 14th Amendment.

“Congress, not the Colorado State Supreme Court, has the authority to decide whether to disqualify a person from running for office under Section 3 of the 14thAmendment,” said Attorney General Jackley. “This decision violates the U.S. Constitution and deprives voters of their fundamental right to decide elections.”

The 24 other Attorneys General who joined the brief are from: Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming. The Arizona State Legislature and the legislative leadership of North Carolina also joined the brief.

The brief can be found here: https://content.govdelivery.com/attachments/INAG/2024/01/05/file_attachments/2737840/23-719%20tsac%20Indiana%20West%20Virginia.pdf

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36 thoughts on “Attorney General Jackley Requests SCOTUS To Reverse Colorado Ballot Disqualification of Trump”

  1. Oh Please, the guy is a pox on the Party. He is an old man with a flawed character, a bad temper, and a mouth he can’t control. Nothing good comes from a second Trump Presidency.

    1. If folks like you, enquirer, and elk are so very sure Trump will never get enough votes to be re-elected to the Presidency, then why not leave him on the ballot and let him get defeated? Or is it that you folks have a real fear that he is actually on track to win the election?

      1. it’ll be instructive to see what the supreme court does with this, and with the request for retroactive presidential immunity. i like instructive things very much. they teach.

      2. Gee. I hadn’t commented for ten days so I was a bit surprised to see that our little Anonymous troll has decided to speak for me.

        1. Wasn’t speaking for you, I was asking a question of you. A question that none of you have answered…surprise, surprise.

  2. I’m torn. Should Trump be allowed to do ballet in Colorado? Only SCOTUS is wise enough to figure it out…

  3. Make America Great Again – “This is How Legends Are Made”

    The America First Candidates are winning, and the Plan is to Take Back America in 2024. We, the People, of the Save the Republic Political Action Committee, have established this committee to seek out, and form an alliance of Citizens of South Dakota who wish to help nominate potential candidates, and to support initiatives and resolutions that support the original framework of the State of South Dakota, as per the origins of the Country.

    We, Today, Must Adopt a New Declaration with the Intent to Create a List of Resolves. This New Declaration must present to the Government of the United States, that We the People are Choosing to Restore the Original Republic as Free, Independent, Sovereign States, to Whom Promise to Protect, Preserve, and Defend the United States Constitution.

    I Provide to the Citizens of South Dakota, the 2024 Election Season – The song titled “Legends Are Made”

    1. So remind me again how the candidates endorsed by Trump did in 2020 and 2022? What evidence is there that he or they will do any better? Actual evidence and not a platter of platitudes.

      1. Make America Great Again is about Precinct Strategy, The America First Movement is very strong, and has gaining seats all throughout the Country.

        America First is about theTea Party Movement that began in the summer of 2010, has now led to what today has commonly been known as the Patriot Movement all across the United States, allowing a more constitutional core group of Americans to come forward to combat, and cause disruptions to the established order in the Nations Capitol. This strong, dedicated group of Americans have formed, and created the America First Movement, where the Freedom Caucus has now since, has been growing ever so stronger within the “States’ themselves, of which are electing internally, more constitutional bound “County and Precinct Committeemen and Women” of whom within States, such as Texas, Florida, South Dakota, South Carolina are coming to power, using some of the same coming of age concepts, first invented, and formatted by our Founding Fathers.Out of this movement, came the Presidency of Donald Trump – of which became the symbol around the world, that America was changing from within. Between 2017 and 2021, the America First Policies, the Freedom Caucus, and the Patriot Movement have caused many disruptions around the country, it has led to powerful movements to change the Supreme Court, the U.S House, and several of the State Governorships, Legislature’s, and State Courts.

        1. it’s basically a mashup of saul alinsky’s rules for radicals and a tom and jerry coloring book.

          1. Understanding, and Reading the S.D Republican Party By-Las, gives to the People of the Counties once they become organized, the ability to grab control of the party itself. By means of organization, the America First Voters can elect Legislative Delegates, County and Precinct Committee People to hold public meetings under the County. They elect County Chairmen, Vice Chairmen, alongside a Treasurer, and Secretary to manage the county chapter of the “party”. From there, they form the Statewide Party Chairs, Vice Chairs, Treasure, and Secretary that meet quarterly, or monthly to discuss party platforms, policies, resolutions, etc, while choosing their new South Dakota Republican Party Chairman. As all the Counties become organized, begin to correspond with each other, they begin to adopt, and form their ne Platform, Policy, and put together their State At-Large list of Office Holders – Governor, Lt. Governor, State Treasurer, State Auditor, Attorney General, Secretary of State, School and Public Land Commissioner, and Public Utilities Commissioner forming their Interim State Government. They then begin to negotiate, and work with the State Government in developing and adopting initiatives, resolutions, engaging with and operating the “State” under new directives – this is home’ e then plan on Taking Power from the current Establishment. As the People of the Counties become more and more America First, bound to the 14 Articles of Freedom, then, the South Dakota Republican Party begins to remarket itself, and rebrand itself, changing the “party” Under the State itself.

        2. your precinct committee strategy lacks two things: sweat and money.
          You aren’t going to get there recruiting precinct committee people who don’t want to do any work or contribute any money.

          You can vote to take over the party but the people who put in the sweat and money will leave.

          Good luck with your yard sales.

          1. Money is not an issue to those of us that have the passion to Make America Great Again. The goal is to organize, and bring people together in one committee. Stop thinking money is the end all, see all, solution. Just organize, and meet people at luncheons, and other events. You people are to focused on buying people.

            1. a group that is armed with crowbars and firearms rarely feels hampered by a lack of money.

  4. Political parties should be free to put the names of dead people, non-citizens, convicted felons and golden retrievers on their primary ballots. They are private organizations and should be allowed to nominate anybody they want.

  5. abe lincoln wasn’t even on the ballot in some states and he still won. you guys worry too much.

    1. Abe Lincoln would never be nominated by the SDGOP for anything now. He issued the Emancipation Proclamation, remember? Taffy Howard led the opposition to that in 2020. She’s a REAL conservative.

      These people are idiots.

      1. Jesus, dude, yourself. The civil war started on April 12, 1861.
        The Emancipation proclamation was issued January 1, 1863.

        Did you fall asleep in history class?

  6. The republican party “establishment” that has been in control of the upper workings of the party for decades and have failed us.They sent all our industrial jobs to china and other countries. They have ushered in the chinese communist party as a world power and security threat. And therefore all our major cities are in severe decline and are lawless. Illegal aliens in just the last 3 years have swollen by 10 to 14 million. Republicans in washington have had multiple chances to turn off the money to our run away federal government and continued to raise the debt to fund all these goings on. Trump is the only one 4 square against all of this. In 4 years, Trump as president started to reverse all of this damage and has committed to do it again. There is no other option. .

  7. Baring a conviction in a court of law or an act of congress, I think that this is a bad precedent and the Supreme Court SHOULD overturn this.

    Your opinion of Trump and whether or not he SHOULD be barred notwithstanding, the thought of individual states being able to decide that a candidate who has NOT been convicted of a crime being barred from the ballot because a court (Colorado) or the Secretary of State (Maine) decide that they committed insurrection is a bad idea.

    My HOPE is that the Supreme Court issues a ruling that states simply that the 14th Amendment can be initiated by congress OR that it is self initiating IF there is a criminal conviction in a court of law.
    This seems the safest course of action for the future.

  8. This is a contradiction of the philosophy that GOP is running on. Are we for state’s rights, the same states rights that were cited as precedent (Gorsuch ruling) in the CO ruling, or are we going to pick and choose which state’s rights MAGA wants to apply? Guns and abortions are states rights, but not elections?

    It is much better to have consistent philosophy rather than cherry pick issues that annoy you that you want to enforce on everyone.

    1. The U.S Constitution says:

      But when the right to vote at any election for the choice of electors for President and
      Vice President of the United States, Representatives in Congress, the executive and
      judicial officers of a state, or the members of the legislature thereof, is denied to any of
      the male inhabitants of such state:

      1. being twenty-one years of age,
      2. citizens of the United States,
      3. in any way abridged, (except for participation in rebellion, or other crime
      The Basis of Representation therein shall be reduced in the proportion which
      the number of such male citizens shall bear to the whole number of male citizens
      twenty-one years of age in such a state.

      This section is telling you exactly the persons to become “Disqualified”, and instructs
      Congress to begin the process of removing the disability, thus restricting the persons from
      holding specific office – and those offices are mentioned in the next section…

      Section then goes on to say:

      No person shall be:

      1. U.S Senator,
      2. U.S Representative,
      3. Elector for President or Vice President,
      4. Hold any Public Office of Civil, Military of Federal Government,
      5. Hold any Public Office of Civil, or Military of any State Government,
      6. State Legislator of any State Republic,
      7. Hold any State Office of Executive, or Judicial of any of the 50 States,

      Of who had previously taken an “oath” to the U.S Constitution of the United States upon taking any such Public Office of the United States, or any State Government themselves, who at the time, had engaged in insurrection, rebellion against the same, had given aid of comfort to any enemies thereof.

      Section 3 of the Amendment does not, and cannot apply to the likes of Donald Trump, cause first, he is not holding any congressional elected office, nor is he currently holding any public office of the Federal Government, nor any State Government, nor is he currently a State Governor, or Judicial Officer of any of the State Republics, let alone, he is not a State legislator, nor is he ‘acting’ or has he been elected to become an Elector for President. Nor has Congress accused him of, or indicted him of, nor removed him of being President.

      He is under no such “oath” to hold any such office, he is simply “FREE” to act, do, and
      become any such qualified person of becoming a “candidate” for President, thanks to the
      fact, he meets the minimum age requirement of 35, is a Citizen of Florida, and is a United
      States Citizen of the United States.

      1. i talk to enough fox-only news consumers to know that you all think millions of bogus ballots were inserted in the 2020 vote count. FORGET that no evidence of that ever surfaced, FORGET that the ballot management process in each state prevents that. FORGET that many court suits alleging election wrongdoing filed by the trump campaign failed, except for a ballot error in pennsylvania – which didn’t alter that state’s outcome. forget all that – and ONLY believe trump’s story that the j6 committee destroyed the evidence that democrats inserted bogus ballots. ONLY believe that the j6 crew that entered the capitol against police orders and beat cops brutally on a hunt for mike pence’s neck but later went to prison – are “hostages.” remember that you get all of this nightly from fox news, which lost $787 million for broadcasting false information, at the behest of trump, whose recent fraud prosecution was a master class in real estate lies. YOU, with fox, are informed – – and the rest of us, relying on the huge competitive regular media as well as the integrity of our government, with the hard work of thousands of servants at all levels, WE are the misguided fools. boy oh boy will we all be surprised very soon, when trump exposes all the proof. well, get to it then. proof please. quit saying you have it and get it out there already.

      2. Apparently you didn’t get your law degree from Harvard like Neil Gorsuch, and you aren’t part of the federalist society. You of all people should know, the constitution doesn’t matter, its what the justices, who channel the “founding fathers” original intent is. As Gorsuch has stated, that portion of the Constitution bars anyone who, “having previously taken an oath, as a member of Congress, or as an officer of the United States (president), or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States,” from being able to hold office again if they have “engaged in insurrection or rebellion.” Pretty clear and simple terms, you have to throw out Gorsuch precedent, and show your cards that this whole “states rights” philosophy was stupid, or your stick to your values. Which will it be??

  9. Interesting Statistics:

    There are 435 National Districts in the U.S House, and the Republicans Control 54% of them. However, there are 535 National Presidential Districts throughout the Country (South Dakota, 3). The Republican Party controls 96.1% of those Districts.

    235 Republicans are in the U.S House of Representatives; and there are 512 National Electoral Presidential Districts Controlled by the Republican Party. That means, the popular vote in these Electoral Districts all Vote Republican.

    But…Because of the “winner take all ” rule in effect in all but a few states, the Statewide Popular Vote Gets 100% of All Electors. The Democrats are the party that pushed for that rule to be put into effect in 48 States.

    1. yeah. democrats are the ones demanding it be eliminated. i don’t think they understand what happens to the pretty solid blue states if you apportion everything, or create a situation where everyone feels their vote WILL count. it’s all very interesting.

  10. Believing that legends can be made by taking over the Republican Party and they are going to change the world is nuts.

    Remember what happened in 2014 when the SDGOP voted for a resolution calling for the impeachment of Obama?
    The state party became a national laughingstock, and Obama wasn’t impeached. Nobody cared what the delegates to the SDGOP convention did.
    In 2020 when the SDGOP voted down a resolution of support for June 19th as a holiday, do you know what happened? The SDGOP looked like a bunch of Jackasses, and June 19th was recognized and established as a holiday anyway. Nobody cared what the Delegates to the SDGOP convention did.

    There seems to be a miscomprehension about what the officers in a political party do. They don’t have any power. They don’t make policy. All they do is offer support services to candidates.

  11. “Congress, not the Colorado State Supreme Court, has the authority to decide whether to disqualify a person from running for office under Section 3 of the 14th Amendment,” said Attorney General Jackley.

    Is that what it says?

    “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

    1. Yes, Section 3 does not apply to OFFICIALS (Elected), they are to be impeached by Congress if it is decided they committed a high crime, or treason. People are mispresenting this part of the constitution. The 14 Amendment needs to be repealed.

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