Maine Secretary of State Shenna Bellows lost another attempt to force review of her disqualification “decision” before the United States Supreme Court hears arguments on the issue on Feb. 8th.
The Maine Supreme Court declined to review the matter. With other states like Massachusetts ruling this week against disqualification, Colorado will remain the outlier as the only state supreme court willing to embrace this dangerous and anti-democratic theory.
I have previously written about my criticism of this unfounded theory. Advocates have been rejected in a dozen states, but have continued to seek judges willing to accept this novel argument. They knew that they had Bellows at hello given her prior public comments.
Bellows previously declared that “the Jan. 6 insurrection was an unlawful attempt to overthrow the results of a free and fair election…The insurrectionists failed, and democracy prevailed.”
A year after the riot, Bellows was still denouncing the “violent insurrection.”
The decision is poorly written and conclusory in virtually every respect.
A couple weeks ago, Maine Superior Court Justice Michaela Murphy deferred judgment, in the case given the upcoming argument over the Colorado decision.
Bellows appealed but the justices noted that Murphy had only deferred judgment.
He had not ruled.
Thus, “because the appeal is not from a final judgment, we dismiss the appeal as interlocutory and not justiciable.”
So the Maine event will not happen.
That leaves Colorado where, on a court entirely composed of Democratically appointed justices, advocates could only secure a 4-3 ruling with a vigorous dissent. Courts in ultra liberal states like Massachusetts and Michigan have ruled against disqualification.
In the meantime, over half of the states have now filed to denounce this theory and ask the Supreme Court to reverse Colorado.
