Senator Colorado banned Donald Trump from the ballot. A bunch of other states decided they

wanted to do the exact same thing. And now this is all going to the Supreme Court. We thought

it was appropriate to spend some serious time on the podcast today talking about this issue.

Why was Colorado chosen to be the case that would go to the Supreme Court over the other states

had also done the same thing? Because Trump's team, and they had options here, why was it Colorado?

And what does this mean moving forward? Well, Colorado was really the only option. We have two

decisions. We have Colorado and Maine. Colorado was a decision from the state Supreme Court. It was a decision that was four, three. And a decision from a state Supreme Court can be appealed to the U.S. Supreme Court. What happened in Maine was it was a decision from the Secretary of State. So it was an individual. It was not a court that decided.

It was the Secretary of State. Secretary of State is not a lawyer. She is not an elected

official by the people. She is elected by the state legislature in Maine. She made a determination.

The next step in Maine is for that to be challenged in Maine judicial court, in state court.

Okay.

So you can't appeal from the main secretary of state to the U.S. Supreme Court because...

So the only option was, in essence, Colorado.

Colorado was the only option.

Appeals to the Supreme Court as a general matter lie either from

state Supreme Courts or lie from federal courts of appeal. And so the way the courts work,

you have a federal system and you have a state system. Typically both are set up with trial courts,

intermediate appellate courts, and then the Supreme Court. And so in the

state, you have typically a trial court, an intermediate appellate court, the Supreme Court, and from

the state Supreme Court, you can appeal to the U.S. Supreme Court, although you can only appeal a

question of federal law. So Colorado can determine Colorado's state law, the Supreme Court, and the U.S.

Supreme Court doesn't determine Colorado state law. But in this instance, the question is overwhelmingly.

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