Several other differences. The Obama suit was after he had been sworn in. The Plaintiffs wanted to have him removed by court action. That isnāt allowed by the Constitution. Once sworn in the only way for removal is either by Impeachment or by the 25th Amendment.
In a few threads Iāve mentioned that somewhere there is the worst lawyer in the nation. The Obama suit was filed by the worst lawyer. Ever. Of all time.
I could go on. But to case dismissed.
In this case the suit is based by Colorado voters intent on forcing the Secretary of State to uphold and obey Colorado and US Constitutional law.
Contrast that with Michigan, where the Supreme Court of that State said there was no remedy or authority in Michigan state law to do what was asked. Much as the Obama decision stated. Even if the Plaintiffs were absolutely correct, Michigan has no right to exclude anyone from the ballot, even if they are Constitutionally prohibited from serving in the office. In other words, a Political Party in Michigan can put a foreign national who is 18 on the ballot for President. Even though that person is prohibited by the Constitution from being President.
Colorado by contrast, does have laws which allow disqualified candidates to be removed. A landmark case was decided by the Appeals Court, Justice Gorsuch, who was appointed to the Supreme Court by Trump.
Read Hassan v. Colorado, 495 F. App'x 947, see flags on bad law, and search Casetextās comprehensive legal database
casetext.com
Each state has different laws. One of the things that is protected by the Constitution.
The Supremes will have to decide if Coloradoās decisions are proper based upon Colorado and US Law. And to decide if the decisions were factual.