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Supreme Court set to hear Trump challenge to Colorado ballot ban that cited 'insurrection'

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Supreme Court set to hear Trump challenge to Colorado ballot ban that cited 'insurrection'


U.S. President Donald Trump looks on he as meets with Colorado Governor Jared Polis and North Dakota Governor Doug Burgum in the Cabinet Room of the White House on May 13, 2020 in Washington, DC.

Doug Mills-Pool | Getty Images

The Supreme Court is set Thursday morning to hear oral arguments on an effort by former President Donald Trump to reverse a ruling by Colorado’s top court barring him from that state’s 2024 Republican presidential primary ballot.

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The arguments, which are expected to last several hours, come as Trump has a commanding lead in the national GOP primary race, with a long-shot bid from former South Carolina Gov. Nikki Haley appearing to be the only potential stumbling block to him securing the party’s nomination this summer.

The Colorado Supreme Court in December ruled that Trump is disqualified from holding the office of president because he “engaged in insurrection” by inciting the 2021 Capitol riot as part of his effort to reverse his loss to President Joe Biden in the 2020 election.

That bombshell 4-3 ruling was based on Section Three of the 14th Amendment to the U.S. Constitution, which states “no person” can serve as an officer of the United States who, having previously taken an oath of federal office, “engaged in insurrection or rebellion” against the U.S.

Six Republican and unaffiliated voters in Colorado had filed the lawsuit that led to the state Supreme Court ruling.

Trump’s lawyers in a brief filed with the U.S. Supreme Court last month argued that the Colorado court decision was “based on a dubious interpretation” of Section Three, while noting that similar efforts to bar Trump from presidential ballots are underway in more than 30 states.

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The U.S. Supreme Court “should put a swift and decisive end to these ballot-disqualification efforts, which threaten to disenfranchise tens of millions of Americans and which promise to unleash chaos and bedlam if other state courts and state officials follow Colorado’s lead and exclude the likely Republican presidential nominee from their ballots,” Trump’s lawyers wrote.

Those lawyers said that Trump “is not even subject” to Section Three because a president is “not an ‘officer of the United States’ under the Constitution.”

The attorneys also argue that even if Trump were subject to the provision, he did not engage in any conduct that qualifies as an insurrection.

Sean Grimsley, one of the lawyers representing the plaintiffs in the case that led to Trump’s disqualification, during a call with reporters Wednesday said that Trump’s claim that he was not an officer of the United States as president has become his lead argument in the case.

Grimsley predicted that claim will be closely scrutinized by the Supreme Court justices during oral arguments.

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“I think the justices will be very interested in that question, if only because President or former President Trump has made that the lead argument in this case,” Grimsley said.

He and another lawyer for the plaintiffs dismissed that argument.

They said it was obvious that a president is an officer of the United States and that it requires “linguistic acrobatics” to argue otherwise.

Mario Nicolais, one of the plaintiffs’ lawyers, acknowledged that to win the case the attorneys on his side “have to win every argument” they are making to disqualify Trump.

“We think we will,” Nicolais said.

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“We think we win so many of those arguments on multiple different levels, and that’s why we feel very strongly that we will win this case,” he said.

The plaintiffs’ key arguments are that Trump engaged in insurrection against the Constitution, and Section Three applies to insurrectionist presidents, that state courts can adjudicate Section Three under state ballot access laws, and that states can exclude presidential candidates from ballots if they are deemed constitutionally ineligible.

The plaintiffs also argue that Congress does not have to first deem a candidate ineligible under Section Three.

“Donald Trump is disqualified today,” Nicolais said. “He was disqualified on January 6, 2021 when he engaged in that, he disqualified himself under our Constitution.”

Three of the nine Supreme Court justices who will hear his appeal Thursday were appointed by Trump — Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Three other justices who were appointed by Republican presidents with Trump’s appointees comprise a conservative supermajority on the Supreme Court.

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Despite that bloc, Trump has failed to get the Supreme Court to take his side in a number of past cases, including in his efforts to challenge the voting processes and results during the 2020 presidential election.



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‘It’s Not a Penalty’: Bednar Rips Officials For MacKinnon Ejection | Colorado Hockey Now

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‘It’s Not a Penalty’: Bednar Rips Officials For MacKinnon Ejection | Colorado Hockey Now


Head coach Jared Bednar is often calm and calculated during his postgame press conferences. But his frustrations were made loud and clear on Tuesday, following the Avalanche’s 4-3 loss to the Edmonton Oilers at Ball Arena in a game that saw superstar center Nathan MacKinnon get ejected late in the second period.

With the Avs on the power play trailing 2-1, MacKinnon entered the Oilers’ zone with speed and received an east-to-west pass from Martin Necas. MacKinnon’s shot went wide, but with little space to maneuver because Oilers defenseman Darnell Nurse was cutting in on him, MacKinnon barreled into goalie Connor Ingram and was handed a five-minute major and a game misconduct.

“[MacKinnon] makes the play on the puck, and I got his toes cutting up ice probably through the top of the paint, and Ingram’s on the goal line. There’s no chance that he hits the goalie if Nurse doesn’t run into him. He’s not hitting the goalie,” Bednar said, after watching his team fall to 43-11-9 on the season.

Ingram left the game with an injury and did not return.

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“I don’t care if he’s injured, not injured, if it’s a severe crash, not a severe crash. It’s not a penalty,” Bednar said. “If you put guys in your own goalie, it’s not a penalty.”

The MacKinnon call prematurely ended the Avs’ second power play of the night. They successfully killed off the 4:05 remaining on the major and tied the game, but couldn’t secure a point.

Ross Colton, Necas, and Valeri Nichushkin had Colorado’s goals. Unfortunately for Colton, he left the game with an upper-body injury in the second period and did not return.

“He took a shot from a player during the game and he kind of tightened up so he’s got an upper-body injury. Hopefully he loosens up for tomorrow and can play in Seattle,” Bednar said.

Mackenzie Blackwood started for the Avs after getting pulled in Dallas two games ago. He let in three goals on his first 10 shots before locking in later in the game. Blackwood made several big stops during the lengthy PK before Nichushkin tied it up. But it still wasn’t enough. Blackwood finished with 20 saves.

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The Oilers finished 2-for-4 on the power play, getting the game-winning goal from Connor McDavid on a spectacular give-and-go with Leon Draisaitl with 10:57 remaining in regulation. Both of them finished with two points, while Ryan Nugent-Hopkins had two goals.

Colorado had a power play after that, but could not capitalize. Necas’ tally came on the PP earlier in the evening, and the Avs finished 1-for-3. Colton’s goal came just 24 seconds into the first period, which snapped his nine-game goalless drought.

All of the Avalanche’s best plays were in the first and third periods. The second was a different story.

“I’ll give you an example, three or four times at the start of the second period, we try to go in on a rush, and we lose it and change, and they get odd-man rushes and a scoring chance against,” Bednar said. “You can’t do that. You can’t do that against anybody, never mind the best offensive team in the league.”

Edmonton also played with a shortened bench. On top of losing Ingram to an injury, forward Colton Dach, and defenseman Ty Emberson also left with ailments and did not return. From the moment MacKinnon was ejected, the pace of the game changed. Frustrations were noticeable on both sides.

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“It was a great game up until that,” Nazem Kadri said. “I think it was a good battle out there. Players were playing hard and, you know, it’s unfortunate that’s how it’s gotta end.”

Kadri was also vehemently against the MacKinnon call.

“I think Nate makes an effort. He’s diving across the top of the crease to try to get out of the way, like that’s a part of the rule for the player to at least make some sort of attempt. There was clear contact. I have no idea how that was a five-minute,” he said.

Good: Nichushkin Is Heating Up

When he’s been available to play, there haven’t been many bad stretches for Nichushkin. His on-ice production has been solid over the past three regular seasons. But this year, the 30-year-old veteran forward has had tough stretches. Entering the break, and coming out of it, Nichushkin wasn’t producing at the rate he usually does.

Over the past three games, he’s looked more like the power forward that we’ve grown accustomed to. And he’s gotten rewarded for it on the scoresheet.

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Bad: The Penalty

I had a hard time deciphering if it was or wasn’t a penalty on MacKinnon when it first happened. I watched replays, I slowed them down, and I started to form an opinion.

But regardless of whether MacKinnon should’ve been called for anything, it shouldn’t have been a five. That part I can’t wrap my head around.

Bednar was frustrated and asked about it again. He added, “I really don’t give a crap if the goalies hurt. That’s on their D.”

Good:

Bad: Defensive Breakdowns

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Each of the first three Edmonton goals were scored by guys that were open in front of the goal. On the first two,



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Colorado residents should prepare for Xcel power outages this week as fire danger surges, utility says

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Colorado residents should prepare for Xcel power outages this week as fire danger surges, utility says


Xcel Energy is warning its customers along the Front Range to be prepared for possible power outages this week as the risk of wildfire surges due to hot and dry weather.

“Due to the elevated risk of wildfire, enhanced powerline safety settings are active across out Front Range service territory,” according to a social media post from the utility. The settings make the powerlines more sensitive and prompt a line to stop the flow of electricity if an object touches a line.

The highest risk for wildfire danger will be Thursday, Friday and Saturday, when strong gusty winds are forecasted, according to the National Weather Service.

Humidity could be as low as 10% and winds may top 25 mph, leading to critical and extremely critical fire weather between Thursday and Saturday, forecasters said.

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Tens of thousands of customers have lost power in recent months from planned outages during fire danger and powerline damage from high winds.

In December, 86,040 Xcel customers lost power because of a mix of planned shutoffs and downed powerlines from high winds. The decision led some customers to criticize the utility, asking it to fine-tune its weather responses.

Some schools in northern Colorado schools preemptively canceled classes in January after Xcel announced a planned power shutoff for 9,000 customers in the area.



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An Evening Against Edmonton | Colorado Avalanche

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An Evening Against Edmonton | Colorado Avalanche


Edmonton Oilers (31-25-8) @ Colorado Avalanche (43-10-9)

8 p.m. MT | Ball Arena | Watch: TNT, truTV, HBO Max | Listen: Altitude Sports Radio (92.5 FM) 

After back-to-back shootout victories, the Avalanche concludes its two-game homestand on Tuesday against the Edmonton Oilers. This game is an Avalanche Cup Classic, presented by KeyBank, which will honor the 2022 Avs team that won the Stanley Cup and defeated the Oilers in the Western Conference Final. Tuesday’s game is the second of three regular-season meetings between the teams, as the Avalanche won 9-1 in Edmonton on November 8th, and they’ll play in Alberta on April 13th. 

Latest Result (COL): MIN 2, COL 3 (SO) 

Latest Result (EDM): EDM 4, VGK 2 

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Sunday Success

The Avalanche defeated the Minnesota Wild 3-2 in a shootout on Sunday at Ball Arena. Nathan MacKinnon and Nicolas Roy both scored for Colorado while Nazem Kadri posted an assist in his second Avs debut. In net for Colorado, Scott Wedgewood stopped 32 of the 34 shots he faced. MacKinnon opened the scoring at 12:19 of the second period with his 43rd goal of the season via a right-circle one-timer set up by Kadri, who began the play with an interception below the offensive-zone goal line. Kirill Kaprizov tied the game for Minnesota with a power-play goal at 4:17 of the third period when his pass from the right circle deflected into the net. The Wild took a 2-1 lead at 7:01 of the third period when Nico Sturm scored a shorthanded breakaway. Colorado tied the game at 12:39 of the third period when Nicolas Roy scored his first goal as an Av and sixth of the season via a net-front deflection on Brett Kulak’s slap shot. In the shootout, Valeri Nichushkin scored for Colorado in the first round, Matt Boldy scored for Minnesota in the second round and MacKinnon tallied the winner in the fourth round. 

Leading the Way

Nate the Great

MacKinnon leads the NHL in goals (43) while ranking second in points (104) and third in assists (61). 

All Hail Cale

Among NHL defensemen, Cale Makar is tied for second in points (66) while ranking fourth in goals (19) and assists (47). 

Marty Party

Martin Necas is tied for seventh in the NHL in points (76). 

Series History

In 135 regular-season games against the Oilers, the Avalanche has a record of 74-49-6-6. The teams have met three times in the playoffs, with the Avs winning the 1997 Western Conference Semifinals in five games and the 2022 Western Conference Final in four contests.  

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Sunday in Sin City

The Oilers defeated the Vegas Golden Knights 4-2 at T-Mobile Arena on Sunday. In the second period, Trent Frederic opened the scoring for Edmonton at 3:21 before Vegas’ Noah Hanifin tied the game at 13:09. The Oilers took a 3-1 third-period lead after goals from Vasily Podkolzin at 2:34 and Leon Draisaitl at 11:53. Jack Eichel cut the Golden Knights’ deficit to one with a shorthanded goal at 16:43 of the third period. Edmonton took a 4-2 lead when Kasperi Kapanen scored an empty-net goal at 18:03 of the third period. 

Producing Offense Against the Oilers

MacKinnon has posted 39 points (13g/26a) in 29 regular-season games against the Oilers, in addition to five points (3g/2a) in four playoff contests. 

Makar has registered 13 points (5g/8a) in 13 regular-season contests against Edmonton, in addition to nine points (2g/7a) in four playoff games. 

Kadri has recorded 25 points (12g/13a) in 30 regular-season games against the Oilers, in addition to four points (1g/3a) in three playoff contests. 

Edmonton’s Elite

Connor McDavid leads the Oilers in points (108), goals (35) and assists (73). 

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Draisaitl is second on the Oilers in points (92), goals (34) and assists (58). 

Evan Bouchard is third on the Oilers in points (73) and assists (55) while ranking fourth in goals (18). 

A Numbers Game

34

The Avalanche are 34-0-0 when leading after the second period this season. 

85

Colorado leads the NHL with 85 second-period goals this campaign. 

.806

The Avalanche’s .806 points percentage at home this season is the best in the NHL. 

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Quote That Left a Mark

“Emotional seeing the support I get here. It’s absolutely incredible. It makes me want to play harder for these fans and this team.” 

— Nazem Kadri on the support he received from Avalanche fans at Sunday’s game



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