What If: The Colorado Ruling Applies to ALL of 2024 Primaries?

So, let's just say the Colorado Supreme Court ruling that said trump should be barred from the presidential ballot because he engaged in insurrection regarding the January 6th riots goes to the US Supreme Court, and even the majority conservative bench of six Republican jurists rule against trump in some fashion.

It's not a given that the six will rule for trump outright. Doing so would go against their own Originalist opinions the Far Right justices had been arguing over the years. They would have to flush down the toilet the Colorado court's detailed opinions, some of which used a SCOTUS Justice's - Gorsuch - own arguments to make the decision that the states are obligated to defend the electoral process. In some respects, trump is asking the Supreme Court to ignore a constitutional amendment - or interpret it into utter uselessness - which bodes ill for any future rulings that could ignore other amendments to the Far Right's detriment. The justices may feel territorial about holding onto their powers of judicial review, after all.

There could still be some kind of ruling where Chief Justice Roberts can retain some integrity for the high court all the while giving trump what he wants - to stay on the ballot to avoid his criminal fate as much as possible - but that would be threading the smallest eye of a needle in legal history. 

This is as much a YES or NO legal decision as we will see: Either trump committed acts in violation of the 14th Amendment and should be barred from future elected office, or the 14th Amendment section insisting on blocking insurrectionists is unenforceable and trump stays on ballot (they shouldn't be able to argue if trump engaged in seditious/insurrectionist acts to begin with, because the lower court and state supreme court both found trump did, and that it violated the 14th's requirements. The lower court ruled that it didn't find trump was an "officer" as defined by the amendment, which the state court overruled).

So, let's say the Supreme Court rules 5-4 at the least that trump did violate the 14th Amendment, and that Colorado and other states could remove trump's name from the ballots for the 2024 Republican primaries.

Okay, after all the MAGA rioting settles down, what would actually happen?

The most likely thing is that the heavily Democratic-controlled (Blue) states will take trump's name off the ballots. The Republican Party and the media may scream that it denies the voters a choice; but this isn't about the voters this is about the constitution, and the constitution restricts choices all the time (after all, the Natural Born requirement for Presidents is why we don't have a President Schwarzenegger - who was popular nationally - after his stint as California's governor in the 2000s).

It's likely the heavily Republican-controlled (Red) states will ignore the legal efforts to block trump's name, even if the state courts follow through on any lawsuits filed over the matter (it would then be a matter if the state courts will hold Republican elections officials in contempt over this). The question mark will then be the battleground states where governments split between parties for legislatures, courts, and executive branches decide to bar trump as an insurrectionist from the ballots.

How would any of this affect the 2024 elections cycle.

If we look at the primaries themselves, trump can't afford to be blocked from too many state ballots. Based on the information at the Green Papers website tracking the primaries, the Republican nominating process requires a winning candidate lock up 1215 delegates.

Why is New Jersey, a state in the top 20 for population,
stuck with so few delegates?

So let's say the states that we know are solidly Democratic - California, New York, Illinois, about 16 others - and several battleground states that may agree that trump can be barred - New Hampshire, maybe Virginia, maybe Georgia considering all the local opposition from the governor and other state officials going on - take trump out of the primaries? How many delegates will that be? 

Given that the delegate total of blocked states is around 1093 (out of 2429), it looks like trump could still eke out a delegate victory with the remaining Red/pro-trump states and get his name on the Republican general ballot.

This all depends on which states actually follow through on removing trump from the ballot. Some of these states I added may not, and who knows one or three of the Red states may see it happen if their courts rule on it and can enforce those rulings. If enough states bar trump to where he can't reach 1215, he's screwed.

This also depends on if the US Supreme Court rules against trump outright, finding his actions on January 6th are punishable by disqualifying him from every state (or at least encourage all 50 states to do so).

This also depends on if the Republican national leadership doesn't change their own primary rules in case trump does get thrown off ALL the ballots. They could try pulling a last-minute rule change to negate primaries and just go with a convention floor vote in spite of the 14th Amendment's enforcement.

While the state primary ballots are at play now, if trump survives that he still has to deal with a general election where the states that barred him on the primaries can do so again with the November ballot. The Electoral College math is slightly different from the delegate math, and if enough battleground states deny him a spot on the ballot - and refuse all write-ins - he could once again lose enough Electors to face defeat (that he could be barred in nearly half the states will definitely lower his popular vote total across the nation).

This is all speculation, of course. We still have to see how the Supreme Court rules: If they abide by the judicial review process, if they agree with Colorado's ruling, if they find trump accountable under constitutional law. If Roberts' Court gives trump carte blanche, then partisanship wins out and the legal system is truly dead under trump's inevitable misrule.

The one thing we know for certain is that elections matter, that voter turnout matters, and the majority of the nation that dares not let trump back in the White House better fucking show up in 2024 to stop him. Get the damn vote out, Americans. Stop trump, save the world.

Update 12/28/23: I may have misspoke too soon, in that Colorado has not fully removed trump's name from the ballot, as they're awaiting the Supreme Court decision and the Secretary of State won't be doing it for the primary vote.

Michigan's Supreme Court agreed with a lower court to allow trump to remain on their ballot, although I've read elsewhere - need to find that link - that the state would revisit the matter if trump is convicted in the federal case regarding his involvement in the January 6th riots.

In the meantime, Maine's Secretary of State held her own hearing on the matter and determined trump violated the 14th Amendment, so she IS removing his name from the ballot. This will clearly go to the courts as well.

Just a reminder kids that this isn't about the voters' choice, this is about the rules etched into the Constitution itself.