Federal Action Needed - Kyle Vogt from Twitch

#federalpreemption #safetystandards #federalregulation #waymo

Another issue with the #Colorado decision (that I didn't think of yesterday; I don't practice criminal law) is that while #insurrection is a federal crime, it is not a state crime. Under what's known as "federal preemption", federal issues cannot be tried in state courts.

As such it is legally inappropriate for a state court to rule on a federal matter such as what qualifies as an insurrection and what it would take to be disqualified under the 14th Amendment.

This is first year of law school stuff. Every lawyer knows this. Anyone telling you otherwise is lying to you.

#Trump #14thAmendment #ColoradoSupremeCourt #FederalPreemption #fedilaw

RE:
https://fish.bblaze.xyz/notes/9nkrw6tip2y640r8
Bobby Blaze (@bblaze)

The problem with the #Colorado decision is that there is a federal crime of #insurrection, codified at 18 U.S. Code § 2383. While it's true the 14th Amendment does not use the word "convicted" it doesn't mean the rest of the #Constitution does not apply. Whether anyone likes it or not, #Trump does not lose his constitutional rights b/c of his actions; no matter how nefarious. Those rights mean that Trump is: (a) innocent until proven guilty in a court of law where, (b) a jury of his peers served as the factfinder. People can disagree as to what the law means. That should not be an invitation to politicize courts. Judges need to play it straight, and if their rulings are unpopular there is a procedure to change the law – even the Constitution if necessary. #14thAmendment #ColoradoSupremeCourt #SCOTUS

Firefish