Didba

Hey, I was pretty close! and honestly, it’s probably a good thing it got overturned otherwise it was gonna turn into a shitshow of red states and blue states removing candidates in retaliation. Also, won my first trial as second chair in January. Jury awarded our client a six figure judgment so I’ve been busy getting all that wrapped up.

This is peak Auburn football

Nah, just playing, way more.

Less…

I mean it was a classic example of an earhole

Getting our ass beat by a bunch of backups!

We are a joke

It’s not just our LBers. That’s a positional mismatch for everyone.

Respectfully disagree with that logic. Using new technology in a jury trial, your logic stands for sure but in a football game?

So tired of this team showing up flat. That’s coaching.

Hey, I found a great write-up that explains the whole process that occurred in Colorado from the district level to the Supreme Court: https://www.reddit.com/r/supremecourt/s/1Q0mPkdORa I implore everyone to read it objectively because that forum is extremely tightly moderated and any use of unsubstantiated argument/rhetoric will be removed so it really does have people just objectively explaining what’s going on with these complex topics. I actually consider the forum to be moderate right comparatively to other legal forums on Reddit.

That’s fair, I took your bored comment differently but I see what you meant now. Apologies.

I wasn’t going to hop in on this because I’m just here to talk about the actual court proceedings but the above made me laugh so I had to chime in while talking to a man about a horse. however, don’t be dishonest about being bored. You love this shiz, you love arguing over this stuff with these guys. All of you do on both sides. You are entertained and loving every minute of this adversarial conversation. You wouldn’t be in these threads all the time sparring if you were bored by all of this. I know because I used to be the same way, it doesn’t do anything for me anymore as such I’m rarely in here unless something substantive has happened regarding court proceedings/developments in the law.

It’s not a red/blue thing it’s just appellate courts following the standards of review required for appellate courts. but to answer your question; yes, if a lower court ruled the same exact stuff but against Biden the appellate court reviewing it would be bound by those findings of fact absent evidence of clear error/abuse of discretion by the lower court. my other posts explain it better so you may want to read them if you want a better understanding of standards of review for appellate courts. If you haven’t yet of course.

Also, the standards of review for matters of law vs fact are pretty much the same in every state so what I am talking about isn’t some unique blue state law/circumstance. I would expect the same outcome from the same facts/decisions in any state.

Because appellate courts don’t review matters of fact, they review matters of law. They only reverse on factual matters when there is evidence of clear error/abuse of discretion by the original court. The Colorado SC had to give deference to the district court’s findings of fact I explained it in my original post in this thread in more detail if you want to go back and read it. You replied to it briefly. also, just because a court knew it is likely to be overturned doesn’t mean they can deviate from what they are required to do under the applicable standard of review. The court was bound by the lower court’s factual findings.

Not really when you read the opinion and understand the difference between matters of law, matters of fact and the standards of review applied to each it’s pretty cut and dry. I've already explained it but the Colorado Supreme Court was required to give deference to the district court’s finding of involvement in insurrection unless that finding was clear error/abuse of discretion which is a high bar. This is because it was a matter of fact. whereas, the issue of does section 3 apply to the president is a matter of law and the Colorado SC did not have to give any deference to the district court’s finding so it is a much lower bar that does not require a finding of clear error or abuse of discretion. SCOTUS will overturn on the fact issue of insurrection.

The State SC didn’t do that and my post explains why they had to find the way they did on the insurrection fact issue.

@I_M4_AU already answered your question.

It’s gonna get overturned on the DC’s finding of insurrection.

For one; I think SCOTUS overturns the district court on the issue of insurrection but upholds the CSC application of the section to the president. This allows Trump to still be on the ballot but wouldn’t carve out an exception for the president.

opinion if anyone would enjoy some light reading: https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA300.pdf

I mean it seems fairly cut and dry to me. The district court made a determination, then carved out an exception for office of the president. the Colorado Supreme Court then determined that the applicable constitutional section applied to the office of the president and reversed the district court. Because the standards of review for matters of law is much lower than for matters of fact, the CSC hands were tied to the district court’s finding of trump participating in an insurrection unless there was clear error or abuse of discretion as it is a fact issue. Since it is a fact issue, the CSC had to give deference to District Court’s factual findings re: insurrection. Whereas the issue of the exception for the president is a matter of law and the CSC did not have to give any deference to the district court’s finding. When you are aware of these caveats, the CSC holding makes a lot more sense. excerpt for standards of review: @I_M4_AU

So why wasn’t Scott out there to field it the punt? why did we even field the punt? why didn’t we have two receivers in the corner?

Hell, Mahomes played for Tech which is basically an FCS school /s