Should Texas ban Biden from the ballot for not securing the border?

By newseditors // 2023-12-22

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I am not seriously proposing that, but apparently it is under discussion in Texas following a ridiculous decision by the Colorado Supreme Court to ban Trump from the Colorado ballot on grounds of insurrection. (Article republished from MishTalk.com) Trump Disqualified From 2024 Colorado Ballot I wrote about the ban on December 19, in Trump Disqualified From 2024 Colorado Ballot, Supreme Court Challenge Coming

The Colorado Supreme Court ruled Trump is guilty of insurrection and blocked him from the primary ballot. This is headed to the US Supreme Court. The court issued a stay until January 4 allowing for appeal. I expect this ruling is headed for the ashcan. This is disgraceful politics by the Colorado Supreme Court. Trump has not been convicted of anything, at least yet.

Not Even Charged With Insurrection More accurately, Trump has not even been charged with insurrection, to which he would be entitled to a trial by jury. Nonetheless, the court ruled that Donald Trump is guilty of insurrection on Jan. 6, 2021. That link is the court ruling. I strongly accuse the Colorado court of extreme politics. So does anyone with an ounce of common sense. Sandbagging the Supreme Court The left’s legal assault on Trump is a threat to the institution—and that’s by design, says WSJ writer Kimberley Strassel in Sandbagging the Supreme Court

Take the Colorado Supreme Court majority, and its laughable claim in its decision this week that it didn’t “lightly” reach its finding of Trump-as-insurrectionist and was “mindful of the magnitude and weight of the questions” and “solemn” about it. The opinion was in fact so wild—glossing over basic questions of due process, federalism and the Constitution—that three liberal justices strongly rejected it. The majority knew it would be left to the U.S. Supreme Court to clean up their mess. There was a day when the professional class—in particular prosecutors and lower-court judges—cared about institutions at least as much as about winning. Not this crew. What makes their actions more deplorable is the cynical view that harming the high court is an added benefit, not a cost. They come amid a vicious campaign to vilify the court as partisan and corrupt. If the justices rule against Mr. Trump in these suits, the left accomplishes an immediate political goal. If they rule in Mr. Trump’s favor, the left smears the justices and ramps up its campaign to pack the court. The Supreme Court may have no choice but to hear and decide these cases. But there are better and worse outcomes. The biggest question now is whether the three liberal justices understand the grave risks of this lawfaring agenda—not just to the immediate moment, but to the future health of the nation. Do they sign up for the campaign with opinions that justify novel legal theories and the judicial usurpation of elections—in the process inviting more special counsels, more rogue court decisions, more litigation? Or do they recognize this game for what it is, acknowledge the sound legal reasons for why no one has attempted such reckless prosecutions and lawsuits before, and send a message it needs to stop? The best outcome would be a string of 9-0 Supreme Court decisions that put a decisive end to the current upheaval and discourage a repeat. There’s a much easier way—for all involved—to settle the nation’s political disputes. It’s called an election. Let’s have one, and live with the results.

Grounds for Texas Actions US Constitution Article 4 Section 4

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

That’s arguably far more clear than anything Colorado did. Here’s the question at hand: Should Texas Ban Biden from the Ballot? Peggy Noonan discusses that question in National Unity and the Colorado Supreme Court

Mr. Trump hasn’t been convicted of insurrection by a jury or judge. It seems to me that when and if he is, a state court might feel free to remove his name from a ballot. Until he is, they shouldn’t. Because without conviction, whether Trump committed insurrection is a matter of opinion and argument. With conviction it can be asserted as proven fact. The southern border of the state of Texas is in functional collapse, with an unprecedented wave of illegal immigrants entering the U.S. The Washington Post this week likened the border area to a “Mad Max” world of cut-through barriers and debris. Fox News on Wednesday showed an order instructing a recently crossed migrant to report to U.S. immigration officials to make her case to stay in America. Fox showed the date on the order: January 2031. An immigration lawyer said it is proof of what illegal immigrants already sense: The administration is in effect granting back-door amnesty to all who come. And so they’re coming. Among them are—again the number is unprecedented—natives of China, India, Africa, Turkey. This is a challenge to our national security that most won’t begin to worry about until something bad happens. The Department of Homeland Security reported this week that 35,000 illegal immigrants with criminal convictions were encountered in fiscal 2023. That’s only the number caught. In October alone, Customs and Border Protection reported apprehending 13 people on the terrorist watchlist. Again, that’s only the number caught. What a disaster. If Colorado is able to ban Mr. Trump from the ballot over charges of insurrection, can Texas ban Joe Biden from the ballot on grounds he has defied his constitutional responsibility to defend the country by securing its borders? There are politicians in Texas already promising to do just that.

Spirit of the Decision Noonan says “I sympathize with the decision’s spirit, but it was a dangerous move in a deeply divided country.” I don’t have sympathy with the “spirt” because who gets to decide that? Under guise of spirit, Texas banning Biden from the ballot make about as much sense as Colorado’s ban of Trump. Biden’s Spirit This country is in one hell of a mess because of Biden’s spirt. He has repeatedly rebuffed Supreme Court rulings on student loans, eviction moratoriums, and the EPA. Literally everything this president does begs for more inflation (tariffs, regulations, EPA rulings, declaring war on fossil fuels, child tax credits, student loan forgiveness, etc. etc. etc.) I am sick of people thumbing their noses at the Supreme Court and wanting to pack the Court to get what they want. Trump’s Spirit Trump defenders will have you believe it’s acceptable to call Chris Christie a pig, Nikki Haley a birdbrain, and DeSantis “DeSanctimonious”. In the spirt of things, his supporters overlook his extreme arrogance, narcissism, belittling everyone, and his preposterous lies like “Mexico will pay for the wall”, “tariffs will shrink national debt”. Like Biden, Trump also supports tariffs. Right now they are engaged in a competition as to who can do the most tariff damage. A Bipartisan Zeal for Nonsensical Tariffs In case you missed it, please see A Bipartisan Zeal for Nonsensical Tariffs that Raise Prices and Slow EV Progress

Tariffs are one thing that Republicans and Democrats, agree on. It’s economic madness.

In How Many Ways are President Biden and Trump Alike? On December 16, I asked (and answered) In How Many Ways are President Biden and Trump Alike? I came up with 18 things. As a result of all of this “spirit” (on both sides of the aisle), we will have to make a decision between Trump and Biden. Biden promised to be a healer. In reality he is just as divisive as Trump with his extreme Left policies. The big difference is Biden far more polite about things. They both deserve to lose. Unfortunately, one of them will win. Forced Choice Forced at gunpoint to choose, I would vote tor Trump. In practice, I will not vote for either of them. I will again vote Libertarian. I would especially appreciate someone who favored free trade, was willing to tackle the deficit (military spending and entitlements), and was genuinely anti-war. Socially, I want someone to mind their own business. Such a candidate would win this election in a landside. Unfortunately, opposing spirits will not let either party nominate that person. The Devil We Had Is Better Than the Devil We Got Independents will decide this election once again. The polls favor Trump. The spirit of the moment seems to be The Devil We Had Is Better Than the Devil We Got I concur for economic reasons, but I sure would prefer a different set of choices. Read more at: MishTalk.com

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