Which of the several unsatisfying, wrong off-ramps will SCOTUS use to avoid disqualifying? There's
-the presidency isn't an "office under the United States"
-the president isn't an "officer of the United States"
-the presidential oath of office doesn't include the word "support"
-states can't do it
-the presidency isn't an "office under the United States"
-the president isn't an "officer of the United States"
-the presidential oath of office doesn't include the word "support"
-states can't do it
Comments
“Needs more fact finding or procedural fooferah. We do not reach the substantive questions. Remanded for further proceedings. In the interim trump remains on the ballot.”
Alito/thomas concurrence “there is no 14th amendment”
It's amazing how they swing from individual state liberty to iron fisted federal control when the issues affect their sponsors.
I can only expect the worst, although it would be a wonderful mindfuck for the court to rule that Colorado etc can decide who qualifies and that the 14th amendment is a perfectly reasonable thing to invoke.
Fascists gonna fasc.
But they’ll avoid saying “*no one* can ever use 14.3.”
But really, they'll say anything. Harlan Crow has pumped far too much money into the Supreme Court, and he'll make the decision. The Court just needs to justify it.
It absolutely will not happen but I would laugh in anger if they finally went “ok we tried real hard to never make choices people could hold us accountable to, but we have no recourse left: he’s off the ballot” (6-3)
"But we're not gonna tell you the super-secret way Congress can do it, either."
It would void part of Colorado's constitution and it would be a massive federal reach into how states conduct their elections, especially with zero federal legislation as a reference e.g Civil Rights Act
Makes me an unreasonable optimist, I know.
*IF* no Sotomayor dissent, then: this theory.
We'll see in a couple hours, according to the theories circulating that it posts at 10am sharp.
TRUMP: Yeah, yeah, pain box, big strong men come up to me, tears in their eyes.....
MOHIAM shifts slightly in her seat
TRUMP: AAAAAAAAHHHHH!
MOHIAM: I... I didn't even turn it on.
MOHIAM: That's never happened before.
Yeah they probably won’t say that but 🤷🏽♂️ 👀