In a bold move that echoes a recent Colorado Supreme Court decision, Texas Lt. Gov. Dan Patrick has suggested the idea of removing President Joe Biden from the state's ballot due to his immigration policies, during an interview on Fox News. Patrick cited the Colorado court's decision to remove former President Donald Trump from its Republican primary ballot, invoking the "Insurrection Clause" of the 14th Amendment, as reported by Express News.
As detailed by The Hill, Patrick's contention is that President Biden's handling of the border has allowed eight million people to cross into Texas since he took office, a number that he claims has caused more disruption to the state than any recent events. "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 Fox News anchor Laura Ingraham.
Whereas the Colorado justices have made their decision based on a specific constitutional clause related to insurrection, Patrick has not cited a similar legal basis for his suggestion regarding Biden, rather he focuses on the effects of immigration policy on Texas. The Colorado ruling, which is expected to be appealed, might set a precedent concerning the interpretation and application of the Insurrection Clause against political figures.
Although Trump has the opportunity to challenge the Colorado court's decision, with a final determination to be made in early January, Lt. Gov. Patrick's comments amplify a growing trend of state-level partisan discussions about election eligibility. His stance on potentially removing Biden from a ballot, leaves a possibility for further legal and political battles ahead of the next presidential election. "Trump still has time to get back on the ballot. Colorado’s high court won’t decide until early January if he’s on or off, which gives the 45th president time to appeal the justice’s decision," notes Express News. If Patrick pushes forward with his idea, it could also lead to similar legal scrutiny and debates.
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