Jonathan Turley Profile picture
Dec 19, 2023 4 tweets 2 min read Read on X
The Colorado Supreme Court has issued an unsigned opinion disqualifying Trump from the ballot: "The sum of these parts is this: President Trump is disqualified from holding the office of President under Section Three; because he is disqualified."...courts.state.co.us/userfiles/file…
...This ends a string of losses for advocates of this dangerous novel theory. They finally found a court that would embrace what the court admits is a case of "first impression." My first impression remains that same. The court is dead wrong in my view...jonathanturley.org/2023/08/21/the…
...It is striking that the court relies on Schenck v. U.S., where the Court upheld the denial of core free speech rights of a socialist opposing a war. The opinion of the Colorado Supreme Court is so sweeping that it would allow for tit-for-tat removals of candidates from ballots
...The opinion is remarkable in how the four justices adopted the most sweeping interpretations to get over each barrier. The result is lack of a limiting principle. I view the opinion as strikingly anti-democratic in what it now allows states to do in blue and red states alike.

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More from @JonathanTurley

May 20
In what will add even greater controversy to an already controversial case, U.S. District Judge Lynn Adelman, 85, had been assigned to preside over the trial of Milwaukee County Circuit Judge Hannah Dugan. Adelman has a history of injudicious and biased political commentary...
...Judge Adelman attacked Chief Justice Roberts as lying in his confirmation hearing and described Trump as "an autocrat" who is "disinclined to buck the wealthy individuals and corporations who control his party."...
...He was previously reversed and rebuked in a voter ID case after largely ignoring controlling precedent. For many conservatives, they may see little difference between the two judges in the case in terms of their demeanor and detachment.
Read 4 tweets
May 19
The Supreme Court delivered a win for the Administration today by lifting the injunction on the move to terminate Temporary Protected Status (TPS) protections for hundreds of thousands of people allowed into the country by Biden from Cuba, Haiti, Nicaragua, and Venezuela...
...A California district judge had blocked the move and the Ninth Circuit refused to lift the injunction. It will now go back to the Ninth Circuit for the resolution of the merits. Only Justice Jackson dissented in the order today... documentcloud.org/documents/2594…
...Notably, while the statute states that this special status could be assigned on a “case-by-case” basis, the Biden Administration unlawfully adopted a wholesale policy granting temporary parole to hundreds of thousands of individuals from four countries — Cuba, Haiti, Nicaragua, and Venezuela (“CHNV”) ...
Read 7 tweets
May 16
The Supreme Court delivered a blow to the Trump Administration in blocking deportations under the Alien Enemies Act. However, the Court only did so based on the lack of notice (24 hours) afforded by the Administration. It did not rule on the legality of the use of the AEA...
...The Court expressly stated: "To be clear, we decide today only that the detainees are entitled to more notice than was given on April 18." ...
...That still leaves much to be decided including what notice is required: "it is not optimal for this Court, far removed from the circumstances on the ground, to determine in the first instance the precise process necessary to satisfy the Constitution in this case. We remand the case to the Fifth Circuit for that purpose."
Read 5 tweets
May 15
The Supreme Court argument is now concluded and there was far more heat than light offered inside the courtroom...
...Justices Thomas, Alito, and Kavanaugh seemed strongly in favor of the Administration. Roberts also made repeated points that seemed to support some of the arguments of the Administration, though it was not clear how he would vote...
...On the left, Kagan repeatedly strived to distinguish this case from her earlier objections to universal injunctions under the Biden Administration. She seemed solidly with Sotomayor and Jackson...
Read 5 tweets
May 15
Ok, we are about to start with the oral argument. Keep in mind that the three to watch most closely in the argument will be Chief Justice Roberts and Justices Kagan and Barrett in my view...
...Here is a column on the general issues. jonathanturley.org/2025/05/15/a-m…
...The Oral Argument just started with U.S. Solicitor General D. John Sauer...
Read 50 tweets
May 11
Lawyers who once supported the targeting of firms representing Republicans are now adopting a truly Shakespearean pose as champions of free speech and free thought. For many Republicans, it is about as convincing MacBeth claiming to be a pacifist.
thehill.com/opinion/civil-…
...Lawyers like Randall Eliason donated to the Lincoln Project and defended targeting of firms taking Republican causes, noting that “these mega-law firms are also big businesses. Like any business, they can be held accountable by the public — and by their other customers.” Now...
...Now, Eliason is appalled by Trump’s effort “to sanction law firms for doing nothing more than representing clients Trump doesn’t like.” In fairness, the distinction between boycott campaigns and government actions is legally important. However,...
Read 5 tweets

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