this post was submitted on 20 Dec 2023
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[–] Madison420@lemmy.world 0 points 11 months ago (1 children)

They can't, that's not how the Supreme Court works.

[–] TootSweet@lemmy.world 3 points 11 months ago (1 children)

Reuters:

The Colorado Supreme Court paused its own ruling pending review by the U.S. Supreme Court, which Trump said he will immediately seek.

NPR

Justin Levitt, a constitutional law professor at Loyola Law School, told NPR that as long as there's a petition for U.S. Supreme Court review in place by Jan. 5, there's a "99.9%" chance that Trump will remain on the Colorado primary ballot.

AP

The court stayed its decision until Jan. 4, or until the U.S. Supreme Court rules on the case.

If a) Trump seeks review, b) SCOTUS agrees to take up the case, c) SCOTUS overturns Colorado's Supreme Court's ruling, and d) all that happens in time, then Trump will appear on the Colorado ballot.

[–] Madison420@lemmy.world 0 points 11 months ago (1 children)

That's a pause to see if the court will take it which they can't.

[–] TootSweet@lemmy.world 2 points 11 months ago

The U.S. Supreme Court "can't" take up the case in the same sense as Trump "can't" incite his base to storm the capital building. But that didn't stop him.

And as I've said elsewhere in this thread, we've got three Trump appointees on the SCOTUS plus a guy whose wife took part in the January 6 rally and endorsed the attack on the capitol.

I hope you're right (and I'm not saying there's a 0% chance it won't get overturned -- not that it's going to make a difference whether Trump wins the general election in 2024 either way) but I fear we're living in a world where "can't" doesn't necessarily mean "won't" and where the U.S. Supreme Court may be totally willing to flout the rules.