Denver, CO
Editorial: Supreme Court justices keep Trump on the Colorado ballot, ignoring judicial restraint and originalism
We are not surprised that three of the justices on the Supreme Court who favor an evolving view of the Constitution would refuse to enforce a little-known provision of the 14th Amendment that has never before been employed during a presidential election.
While we disagree with their conclusion, the justices are right that there is no precedent and that allowing a state to banish a bad actor from the ballot just before the 2024 primary is an extreme action that could violate competing portions of the Constitution requiring that federal officers are responsive to all the people of America through a coordinated election process.
We are dismayed, however, that Supreme Court Justices John Roberts, Neil Gorsuch, Samuel Alito, Clarence Thomas, Brett Kavanaugh, and to a lesser extent Amy Coney Barrett, would so quickly and with so little explanation abandon their literal adherence to the plain words of the Constitution — a legal world-view known as “originalism.”
Not only did the originalists use historical context to decide what the 14th Amendment says, but they also undermined the entire amendment with a sweeping and far-reaching ruling that Coney Barrett criticized.
These justices stripped pregnant women of their rights without even acknowledging that women in states with abortion bans would die of sepsis while waiting for a fetal heart to stop. And yet, the justices spent a few sad paragraphs at the end of their ruling in Trump v. Anderson lamenting the harm that would occur were former President Donald Trump to be kicked off the ballot in Colorado.
“Nothing in the Constitution requires that we endure such chaos — arriving at any time or different times, up to and perhaps beyond the Inauguration,” write all of the conservative justices with the exception of Barrett, who wrote a short separate opinion. These men cry tears for an orderly election but couldn’t spare a moment for pregnant women suffering life-threatening health conditions.
Gorsuch, Alito and Thomas long ago swore it should not matter to good justices what bad outcomes might result from enforcing the Constitution as written, as long as they did not waver from the plain language. Roberts and Kavanaugh have never claimed to be true originalists but do lean in that direction.
Just how clear is the language of the Constitution when it comes to elected officials who have taken an oath of office and then supported a violent uprising against that very sacred document?
Amendment 14 Section 3 could not be clearer: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath … to support the Constitution of the United States, shall have engaged in insurrection or rebellion.”
Given Trump’s violent rhetoric, his aggressive orchestration of alternative electors following his clear loss in 2020 to President Joe Biden, and his subsequent efforts to prevent Congress from certifying the results as required in the Constitution, it is clear that Trump cannot “hold any office … under the United States.”
Rather than enforce this inconvenient truth in the Constitution, the justices have ruled that states cannot be the ones enforcing the 14th Amendment. They go so far as to rule that no one can enforce the 14th Amendment without legislation or other acts of Congress.
“This can hardly come as a surprise,” the majority quips as they shoot down the Colorado Supreme Court’s ruling that Trump’s actions following the November 2020 election have rendered him unqualified for federal office.
Indeed, it is a surprise that states cannot enforce the 14th Amendment.
Who do these justices think brought the case Brown v. Board of Education to their bench in 1954? It was not federal prosecutors, using federal legislation to enforce desegregatoin of schools in the south. It was citizens, children to be specific, seeking “equal protection” under the 14th Amendment. One of the cases went to state courts, others through federal courts, but never did the Supreme Court deny a case because the state’s courts had no authority to enforce the 14th Amendment. In fact, in some states and some small towns, the wait would have been long for an end to segregation in schools if the Supreme Court had required federal action on the issue.
The court ruled in Brown: “Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.”
In a similar fashion, earnest Coloradans who were convinced that Trump’s insurrection attempt disqualified him from office sought redress in Colorado courts to enforce the 14th Amendment. We wrote in November that these Coloradans obviously had standing to bring this case and that the courts were the appropriate place to litigate whether Trump’s actions met the definition of “insurrection.”
The concurring opinion by Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson made this exact argument while they dissented to the court’s reasoning: “Similarly, nothing else in the rest of the Fourteenth Amendment supports the majority’s view. Section 5 gives Congress the ‘power to enforce [the Amendment] by appropriate legislation.’ Remedial legislation of any kind, however, is not required. All the Reconstruction Amendments (including the due process and equal protection guarantees and prohibition of slavery) ‘are self-executing,’ meaning that they do not depend on legislation.”
Sotomayor, Kagan and Jackson are arguing for judicial restraint. This isn’t the first time, nor the last time we fear, that the rogue conservative majority on the court will rule as broadly as they possibly can in pursuit of their desired outcome.
That four justices ruled narrowly against employing a novel legal argument on a state-by-state basis to keep an insurrectionist from running for president is being considered a win by Trump’s supporters.
That five justices ruled that the 14th Amendment cannot be enforced by states without federal legislation is a loss for America, a loss for liberty and yet another sign that this court is spiraling out of control with no leadership, no discipline and a clear uptick in partisanship.
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Denver, CO
How to Watch Chiefs vs. Broncos: NFL Week 10 TV, Odds, Preview
The Kansas City Chiefs are back in action this weekend, this time squaring off against their bitter AFC West rivals on Sunday.
Week 10 brings the Denver Broncos to town. In year No. 2 with Sean Payton at the helm as head coach, Denver is off to a 5-4 start to the season and is looking to bounce back following a blowout loss to the Baltimore Ravens. The Broncos have an inconsistent rookie quarterback in Bo Nix but benefit from one of the NFL’s top defenses on the other side of the ball. Kansas City, on the other hand, is finding balance as the year goes on and is seeking a perfect 9-0 record with a home victory. Andy Reid’s team is the league’s best through nine weeks and change.
Here’s everything you need to know and how you can follow along with the Chiefs as they square off against the Broncos this weekend.
Game: Chiefs vs. Broncos
Location: GEHA Field at Arrowhead Stadium in Kansas City, Missouri
Date and Time: Sunday, November 10 at 12:00 p.m. CT
TV Channel: CBS or KCTV local
Listen Live: WDAF (106.5 FM) Chiefs Radio Network or Tico Sports (Kansas City) for Spanish radio broadcast
Betting Line: Chiefs -7.5 (as of Wednesday)
This contest’s television broadcast team is highlighted by Kevin Harlan (play-by-play) and Trent Green (color) in the commentary booth. Melanie Collins will serve as the sideline reporter for Week 10’s matchup, and Brad Allen’s crew will officiate it.
For updates throughout the game and after the action has concluded, including plenty of postgame content, keep it locked in right here at Kansas City Chiefs On SI and follow us on X @ChiefsOnSI for additional coverage, commentary and more.
Game odds refresh periodically and are subject to change.
If you or someone you know has a gambling problem and wants help, call 1-800-GAMBLER.
Read More: Despite No Buzzer-Beating Move at Trade Deadline, Chiefs Can Still Go All In
Denver, CO
Short-handed Nuggets hand OKC Thunder its first loss of season without Jamal Murray, Aaron Gordon
In what was supposed to be their first scheduled loss of the season, the Nuggets refused to accept that label.
Jamal Murray and Aaron Gordon were out due to injuries. Against an undefeated opponent. An undefeated opponent that already crushed Denver at Ball Arena two weeks earlier on opening night. Somehow, still, the short-handed Nuggets roared back from down 16 in the second half to hand Oklahoma City its first loss of the season, 124-122.
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Michael Porter Jr. overcame a 1-for-6 first half from the floor to score 22 of his 24 points after halftime. Nikola Jokic, who’s averaging a triple-double, went for 23 points, 20 rebounds and 16 assists. Russell Westbrook sparked the comeback by growling at the crowd in the midst of his 29-point, 10-for-15 outing. Braun supplied 24 points and superb defense against Shai Gilgeous-Alexander.
And for the fourth time, the Nuggets (5-3) won a game that came down to the final possession in regulation when Peyton Watson blocked Gilgeous-Alexander’s game-tying layup attempt as time expired. SGA finished with 28 points but eight turnovers.
“We talked to the people at Altitude TV, and we just want to try to keep the fans glued to their seats, keep viewership up, and kind of just come back in the fourth quarter,” Michael Malone said pregame when asked about Denver’s tendency to fall behind early in games this season. “And let everybody go home with a smile on their face. We’re entertainers, after all.”
“We’re trying to get better in late-game situations; that’s why we’ve been missing free throws on purpose at the end,” Braun said. “And just keeping it close. So we can improve on those situations.”
He went on to remove the tongue from his cheek and say that Oklahoma City is a team Denver could not afford to fall behind against.
Then, for the fifth time in their first eight games, the Nuggets erased a deficit of 14 or more points to at least lead in the fourth quarter. The worst it got was 81-65 this time, at the 7:31 mark of the third, moments after Malone picked up a live-ball technical foul for confronting an official about a no-call. His team made up the gap in fewer than four minutes, a 22-6 run starting with consecutive 3-pointers from Westbrook and Braun and ending with consecutive 3s from Julian Strawther and Porter. Thunder coach Mark Daigneault called three timeouts during the quarter.
The comeback was propelled by a stretch of 15 consecutive points either scored or assisted by Westbrook.
“I think defensively he’s been a rockstar,” Malone said. “And what I love about Russell Westbrook: 17-year vet, leopards don’t change their spots, but he is trying so hard to be disciplined. He’s trying to do the things we’re asking him to do, and I appreciate that so much. Because a lot of times at 17 years in, you are who you are. But he cares, man. He is so invested in this team and what he’s bringing to this team, and he’s so hard on himself. I can coach a guy like Russell Westbrook any day.”
The Nuggets took Oklahoma City out of its rhythm throughout the game by trying a zone defense, blitzing screens occasionally and above all by sprinting after misses, desperate to avoid the Thunder’s half-court defense. They also sustained a refreshing early-season trend by getting to the free-throw line for 33 attempts, led by nine tries for Westbrook — though Watson missed a crucial pair at the end to give Oklahoma City a chance. Those foul shots had been set up by a reckless inbound pass from Jokic, over the top of multiple defenders.
“Not at all,” Malone said, feigning calmness, when asked if Jokic’s spur-of-the-moment decisions ever stress him out.
The only player who couldn’t seem to get a call was Jokic. Chet Holmgren waged a war against him in the paint. Help defenders scratched and clawed. Oklahoma City’s guards tried to slide into position to take a charge against him at every chance. During a critical sequence late in the first half, Jokic felt it was getting out of hand and bickered with officials the length of the floor while the Thunder took a 9-1 run into the break.
“I’d say 95% of my techs have a plan behind it,” Malone said. “I feel like Nikola’s getting beat up. And I’ve gotta fight. Everything Nikola’s done for this city, this team, this franchise, me, my family — I’m going to fight for that guy.”
Westbrook, who also picked up a technical earlier in the game, described Malone more succinctly: “We’re both a little psycho in the head.”
When OKC pulled away, Shai Gilgeous-Alexander had a lot to do with it. Quality of defense didn’t matter. He twirled in mid-air for a crafty reverse layup and buried a 15-footer from behind the backboard over Braun in a matter of minutes.
But Braun gave him an outstanding battle with his defensive discipline as the night wore on. On a vital fourth-quarter possession, the 23-year-old refused to leave his feet for a barrage of ball-fakes until Gilgeous-Alexander gave up on his isolation attempt. By the time he passed it, Oklahoma City was late in the shot clock and didn’t get a clean look.
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Originally Published:
Denver, CO
Latest Update on Denver Nuggets Potentially Signing Ex-Lakers Player
The Denver Nuggets have won two-straight games, and four of their last five. This stretch comes after the Nuggets dropped their first two games of the season, as they are playing much better of late.
Head coach Michael Malone is still searching for his best combinations off the bench, as the Nuggets have a couple different pieces they are integrating. One of the new players Denver added this offseason is 17-year veteran point guard Russell Westbrook.
Starting the last two games due to the absence of Jamal Murray, who is currently in the NBA’s concussion protocol, Westbrook has been playing well.
A recent report from NBA insider Marc Stein revealed that the Nuggets have interest in one of Westbrook’s former Lakers teammates, Lonnie Walker IV.
“Denver has emerged as a ‘team to watch’ alongside Boston for Lonnie Walker’s potential NBA return as the season unfolds, league sources tell @TheSteinLine,” Stein wrote on X.
Walker was in training camp with the Boston Celtics, but was waived before the regular season began. Now an NBA free agent, the former 18th overall pick is reportedly drawing some interest around the league.
In a new update, Stein revealed the latest on the possibility of Denver signing Walker.
“I was told that Denver is a team to watch,” Stein reiterated. “The Nuggets are monitoring this. All the Nuggets can do is offer him a minimum. They’d also have to create the roster space to do it. But the Nuggets were mentioned to me, along with the Celtics, at this point as the two teams most closely monitoring Walker and would like to bring him back.”
As Stein noted, the Nuggets will have to clear a roster spot in order to bring Walker in. The 25-year-old guard spent last season with the Brooklyn Nets, where he appeared in 58 contests and averaged 9.7 points in 17.4 minutes per game.
Westbrook and Walker appeared in 35 games together during their time on the Lakers, so there is some chemistry there if the two become a backcourt pairing off Denver’s bench.
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