(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . Trump Has Been Removed From a State Ballot. Biden is Next. [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.'] Date: 2023-12-20 Democrats are applauding the Colorado Supreme Court decision to remove Trump from the ballot. This move, though, may open the door for Republicans to disqualify Biden. Back in August, I published a piece that describes how the GOP can and probably will weaponize Section 3 of the Fourteenth Amendment to remove Joe Biden from the 2024 ballot. I received a lot of backlash for that. I reported again in September on the process that the GOP would use to disqualify Biden and, once again, I received a lot of backlash. Yesterday, the Lieutenant Governor of Texas threatened to remove Biden off of the ballot in response to the Colorado Supreme Court’s ruling that Section 3 of the 14th Amendment applies to Donald Trump, and that the Colorado Secretary of State must remove him from the Republican primary ballot. I’m still receiving backlash, but let’s talk. First, let me be clear. I am in no way saying that Trump cannot or should not be disqualified from running for office under Section 3 of the 14th Amendment for launching an insurrection against the government in efforts to stop the peaceful transfer of power on January 6, 2021. What I’m saying is that we need to be prepared for the chaos and potentially lethal damage to Democracy that will ensue when Republicans to attempt to remove Biden from the ballot in response. In an electoral battle between red states and blue states, Democrats are outnumbered. We are currently not prepared. The Republicans are good at using the 14th Amendment against us. They’ve made a game out of it. They’ve used the 14th Amendment to kill affirmative action. They’ve used it to block Black farmers from receiving federal funding. And now they are going to use it to remove Biden from the ballot in every red state that will go along with it. Here’s how. Section 3 of the 14th Amendment reads: “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, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.” It is clear that Trump violated this clause when he attempted to violently overturn the 2020 election. What trips most people up is understanding how this law could be applied to Biden. One of the comments that I am usually met with is, “But Biden didn’t attempt an insurrection!” That is correct. Biden did not launch an insurrection. He didn’t have to, though. The GOP will argue that, with the help of Hunter Biden, he gave aid and comfort to our enemies. They already have. According to a report released by the House Committee on Oversight: “House Committee on Oversight and Accountability Chairman James Comer (R-Ky.) today released a third bank records memorandum detailing new information obtained in the Committee’s investigation into the Biden family’s influence peddling schemes. The memorandum outlines how the Bidens and their business associates received millions from oligarchs in Russia, Kazakhstan, and Ukraine during Joe Biden’s vice presidency. After Hunter Biden received millions of dollars in payments, then-Vice President Joe Biden dined with his son’s foreign associates in Washington, D.C. Devon Archer, Hunter Biden’s former business partner, recently testified that then-Vice President Joe Biden was “the brand” sold to enrich the Biden family and was used to send “signals” of access, power, and influence.” Speaker of the House Mike Johnson also wrote: “The American people have a right to know whether the president − through his family − traded official acts for foreign dollars, whether the president is compromised and whether Joe Biden abused his power as president to impede or obstruct the investigation into Hunter Biden. As we have done all along, House Republicans will continue to follow the facts where they lead.” I personally do not believe that joe Biden is a Chinese asset, or that there is any evidence to prove that he is. Unfortunately, the GOP doesn’t need evidence to apply 14th Amendment. They only need a narrative and enough public officials to go along with it. They already have the Lieutenant Governor of Texas prepared to remove Biden from the ballot. I’m sure he’ll be the first of many. And this is where things get scary. If SCOTUS affirms that states have the authority to apply Section 3 of the 14th Amendment to candidates as they see fit, we’re no longer looking at an election where voters decide who becomes president. We will be looking at an election that pits red states against blue states for control of the ballot and in this battle blue states are outnumbered. If Secretaries of State are given the authority to remove candidates from the ballot, as is the case in Colorado, Republicans have a significant advantage. There are currently 26 Republican Secretaries of State and only 20 Democrats. If state legislatures are allowed to remove candidates, Democrats are outnumbered by Republicans 57 to 39. The Republicans have 22 trifectas, and the Democrats only have 17. Trump can’t win the election if it’s in the hands of the voters. The Confederate can win, though, if the decision is made by the states. And MAGA knows this. As of right now, it is up to SCOTUS to decide what happens next. If they uphold the Colorado Supreme Court’s decision, we will likely see a cold war over who gets to run for President. That’s a war Democrats are not guaranteed to win. If SCOTUS does not uphold the decision, it will be interesting to see what grounds they reject it on. In either case, Democrats need to be prepared for what comes next. 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