"Seeing what happened in Colorado tonight … makes me think — except we believe in democracy in Texas — maybe we should take Joe Biden off the ballot in Texas for allowing 8 million people to cross the border since he's been president, disrupting our state far more than anything anyone else has done in recent history," Patrick told the Fox News host.
Patrick's comments come after Gov. Greg Abbott (R-TX) signed SB4, which granted Texas law enforcement the ability to arrest migrants who cross the border illegally. The ACLU has since challenged that law, but it goes to show how dire the situation is on the US-Mexico border as Biden refuses to enforce federal immigration law. Given Biden's refusal and the precedent created by the Colorado Supreme Court, his suggestion to remove Biden from the ballot isn't as far-fetched as it seems.
The Colorado Supreme Court, in a 4-3 decision, ruled that 45th President Donald Trump could not appear on the primary ballot in the state given that they determined that he attempted an "insurrection" against the United States via the comments he made before the January 6 Capitol Riot.
The Colorado Supreme Court made its decision by invoking Section 3 of the 14th Amendment, which states the following:
"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."
While the Democrat-appointed, Ivy League-educated judges ruled that Trump falls under this section, a number of more conservative legal scholars disagree with that assessment and argue that such a clause does not apply to the president of the United States, not to mention that many regard Trump's actions as not fulfilling the requirements of an insurrection. Despite these arguments, the Colorado Supreme Court proceeded by ordering Trump's removal from the ballot by January 4. However, Trump's legal team is expected to appeal the decision to the Supreme Court.
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