On February 5, the amicus curiae group of 3,200 voters that advocates that the Ninth Amendment protects the right of voters to vote freely for the candidate of their choice asked for five minutes of oral argument, in Trump v Anderson, the Colorado ballot access case.
Here is the filing. The Ninth Amendment says, “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” When the Ninth Amendment was written, voters were free to vote for anyone they wished. If the Ninth Amendment means anything, surely it includes rights enjoyed by citizens of the United States when the Ninth Amendment was passed, and which are truly fundamental rights. The right to vote for the candidate of one’s choice meets those criteria.
Many voting rights scholars have wished that there were a constitutional protection explicitly protecting the right to vote. But maybe the Ninth Amendment is that protection. The Ninth Amendment was used to strike down Connecticut’s ban on contraception in 1965, in Griswold v Connecticut.
A U.S. Supreme Court decision finding that the Ninth Amendment protects voting rights would keep both sides somewhat happy. Republicans for the most part want Trump to remain on the ballot, and Democrats want judicial protection for voting rights, or at least certain kinds of voting rights.
An interesting claim that a Colorado court does not have jurisdiction since the alleged conduct did not occur in Colorado.
Ninth Amendment reserved rights argument is meritorious. SCOTUS will probably ignore it.
TOTAL CON LAW BRAIN DAMAGE SINCE 1776 —
IF ONE IS AN ELECTOR, THEN ONE HAS THE RIGHT TO VOTE — BY D-E-F-I-N-I-T-I-O-N OF *ELECTOR*.
2-1 USA REPS
14-2 AMDT – NOT ENFORCED BY HACK JUDGES SINCE 1868
15-1 AMDT
17 AMDT PARA 1 USA SENS
19 AMDT PARA 1
24-1 AMDT
26-1 AMDT
———
PR
APPV
TOTSOP
—
TRYING TO PERVERT 9 AMDT IS LIKE PERVERSION OF 1 AMDT IN ELECTION STUFF
9 AMDT EVEN MORE DEAD DUE TO SCOTUS ABORTION CASE.
ANY TRUMP FAKE 12 AMDT ELECTORS IN CO IN 2020-2021 ???
BIDEN GOT 55.4 PCT OF PREZ VOTES IN CO IN 2020.
insurrection/rebellion on 6 Jan 2021 in DC had NOOO effects in all 50 States ???
https://www.yahoo.com/news/violent-crime-soars-washington-d-140000508.html
DEVIL CRIME BURG — HOW MANY PUBLIC/PRIVATE GUARDS FOR TOP USA HACKS IN DEVIL CITY ???
WOULD TRUMP EVICT ALL PRIVATE FOLKS AND BIZ OUT OF DC — IE PERMIT ONLY FASCIST TOP PARTY HACKS AND THEIR SLAVE SERVANTS TO RESIDE IN DC ???
“Ninth Amendment reserved rights argument is meritorious. SCOTUS will probably ignore it.”
Probably correct. They could rule that Trump stays on the ballot without any reference the the 9th Amendment.
When the 9th Amendment was written, voters were free to vote for who they wished. That has nothing to do with who was eligible to be a voter. Obviously, that was much more limited then than now (for good reasons which a lot of people no longer remember).
The 9th amendment couldn’t conceivably be taken to mean logically the classes of people ineligible to vote then should be eligible to vote now. That would obviously be absurd. Thus, demon rats make such absurd arguments. That’s their specialty.
There are many reasons why Trump should remain on the ballot. Whether the 9th Amendment will be among the ones the Supreme Court will end up using to justify its ultimate decision to keep Trump on the ballot remains to be seen.
The more important thing is that whatever reasons they end up using, they will keep Him on, because they do not want to start a war. Trump will win the Presidency with or without a war, but hopefully without.