Is it Dump Trump or the Trump Stump? “The Sunday Political Brunch” - December 24, 2023

Sunday, December 24, 2023

Mark Curtis, MINDSETTER™

 

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Merry Christmas, everyone! The brunch is “on the road” this week in the key, battleground state of Florida. I am grateful that talking politics here every week helps put bread on my table. It’s been an odd week of headlines in the world of politics (really, what week isn’t odd?) The big news is the fallout from a Colorado court case, but there is a hodge-podge of stuff to talk about so, “let’s brunch” on that this week!

 

“The Colorado Kick-Off” – Wow!!! In a ruling late Tuesday, The Colorado Supreme Court disqualified former President Donald Trump from the 2024 primary ballot. “President Trump did not merely incite the insurrection,” the majority wrote in the unsigned opinion. “Even when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President (Mike) Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes. These actions constituted overt, voluntary, and direct participation in the insurrection.” The ruling came on a 4 to 3 vote.

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“What Says the 14th Amendment?” – This is the exact verbiage: “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.”

 

“Civil War Background” – This Constitutional Amendment and clause were passed after the Civil War in 1868. The goal was clearly to prevent former Members of Congress from Southern Confederate states from being eligible to run for their old jobs. Courts have ruled that nowhere in this Amendment does it specifically mention the office of President or Vice President of the United States. But the clause mentions, “or as an officer of the United States.” Is the President of the United States, considered “an officer of the United States?” Colorado says yes, while other states say no. My guess is that the 6-3 Republican-appointed majority U.S. Supreme Court majority will eventually rule in Trump’s favor, but time is of the essence.

 

“The Clock is Ticking” – This is on the fast track. The Colorado Supreme Court ruling only applies to Colorado, but it has implications elsewhere. First of all, the Colorado ruling only lasts until January 4th as this is being fast-tracked to the U.S. Supreme Court due to rapidly approaching ballot filing deadlines. For example, the deadline to be on the March 5th Super Tuesday Primary ballot in Colorado is January 5th. We’ll see similar tight deadlines in other states, so the courts must act fast. I suspect the U.S. Supreme Court will issue a sweeping ruling with implications for all states, very fast.

 

“The Political Posturing is Underway!” – Let there be no mistake. Both sides seized on this right away. West Virginia is one of several states where Trump’s appearance on the ballot is also being questioned. In fact, a fellow GOP presidential candidate here is the one who asked that Trump be banned from the Mountain State ballot. Late Friday the U.S. District Court for the Southern District of West Virginia ruled that Trump’s name stays on the ballot here. Meanwhile, both sides reacted to the Colorado decision.

 

“Polar Opposites” -- “I thought it was truly outrageous. It’s wildly inconsistent with the rule of law. And there’s been no finding of insurrection. And it’s really absurd. Not only has there been no trial and no charge of insurrection, but there’s been no court finding,” said Attorney General Patrick Morrisey (R) West Virginia, who filed a “friend of the court” brief on behalf of Trump in Colorado and plans the same at the U.S. Supreme Court. The Democrats weighed in, too. “If conspiring to overthrow a free and fair election, doesn’t trigger the insurrection clause of the Fourteenth Amendment, I’m not sure what does. We’re a nation of laws,” said Del. Mike Pushkin (D) Kanawha and West Virginia Democratic Party Chair.

 

“The Legacy of Justice Sandra Day O’Connor” – I am bummed that I can’t find the photo of me and retired Justice Sandra Day O’Connor when she visited Providence in 2013. No matter, it was a thrill to meet her and interview her. She was a trailblazer as the first female U.S. Supreme Court Justice. She was fair-minded, sometimes voting with the conservatives, sometimes with the liberals. She was a true centrist.

 

“The Reagan - O’Connor’s Imprint on the Court” -- Today, there are five men and four women on the high court. My prediction for 2024, is that Donald Trump or Joe Biden, or both, will promise to name a woman to the next opening on the Supreme Court. The eldest justices are Thomas and Alito, so if either retires, the court will have a 5-4 female majority for the first time in history. Could either candidate resist that pledge? I doubt it. Reagan appointing O’Connor set the table for this! Let’s face it, our law schools are now 50 percent or more female, shouldn’t the bench reflect that, too?

 

“The Border Sorter” – Immigration reform, or the lack of it, will be one of the top three issues in the 2024 election cycle. Just the other day, the U.S. had a record twelve thousand plus illegal crossings at the Southern Border. It’s not stopping, it’s getting worse. The video will adorn anti-Biden campaign ads, much to his detriment. This week Gov. Greg Abbott (R) Texas signed a new state law saying state and local authorities could arrest migrants for unlawful border incursions. Critics, including the ACLU, say immigration is only the purview of the federal government. As with the Trump ballot case, this is headed to the U.S. Supreme Court. But it reflects the growing frustration states are having in trying to deal with the fallout of the failed immigration system. Some of those breaching the border are smuggling the deadly synthetic opioid fentanyl, which is reaching all states. So, the crisis isn’t just at the border.

Mark Curtis, Ed.D., is Chief Political Reporter for the seven Nexstar Media TV stations serving West Virginia, its five neighboring states and the entire Washington, DC media market. He is also a MINDSETTER™ contributing political writer and analyst for www.GoLocalProv.com and its affiliates.


 

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