If Congress must act to re instate a candidate but almost must act to bar a candidate, why was the amendment written the way it was? Pretty stupid they want Congress to make the determination.
this post was submitted on 04 Mar 2024
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The dissenting opinion puts that into the spotlight. It really is dumb that they're saying even federal courts/administrative bodies can't make that determination.
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Unanimous. Something we are missing?
They were probably all afraid that banning Trump on the ballot would tear so violently at the fabric of the country that it could end in a civil war with armed members of Trump's base roaming the streets creating chaos.
This ruling is very unsurprising to me. I'd been very surprised if they had gone the other way.
The US is a very unhealthy country.
Edit: Spelling
Lol, no. They don't give a shit about the country or its citizens.
They knew their asses would be targeted by his cult if they did the right thing. Honesty, Trump probably fits the bill for a RICO case. Maybe the IRS can take him down like they did Capone.
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I just hope that by tossing the Republicans this bone, that they will end up not ruling that the president has absolute immunity in the next case.
Losing this one is not a big deal, because he only would have been removed from states that he was almost certain to lose anyway. Republicans love their insurrectionists, after all.
I think with a ruling like this where the intent was so crystal clear that it couldn't have possibly been misinterpreted by anybody yet the ruling was entirely backwards, that now is a good time for a constitutional convention and a total rewrite of the constitution. If it's not clear, let's make it clear.
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So they’ve traded almost-certain major civil unrest, and perhaps eventual civil war, as a direct result of their decision, for…
checks notes
…almost-certain major civil unrest, and perhaps eventual civil war, as an indirect result of their decision, and also get a fascist government.
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Unaminous, but the 3 Liberal judges wrote their own opinion saying while they agreed with the ruling, they feel it should have been narrower, and that the ruling cuts off some legitimate avenues for punishing insurrectionists.
states cannot invoke a post-Civil War constitutional provision to keep presidential candidates from appearing on ballots. That power resides with Congress, the court wrote in an unsigned opinion.
States aren't "invoking" anything.
Trump does not qualify as per the standards in the Constitution.
Same as any 34 year old.
Stupid states following the words in the Constitution!
Shuffling this to congress means nobody will ever be excluded for insurrection, because obstructing any laws that would enforce the clause are easier to kill than pass.
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Oh look another illegal power grab by the supreme dipshits. 14th amendment section 3 states only Congress may remove an insurrectionist's inability to hold office, not SCOTUS.
Unfortunately not a new power grab, they’ve long held that their judicial review is sacrosanct, and they get to pick and choose not just the cases they hear, but also what issues within that case they feel like ~~legislating~~ reviewing. Same again here, the RNC asked three questions and they left most of it wellll alone:
The Questions Presented are:
- Whether the President falls within the list of officials subject to the disqualification provision of Section Three of the Fourteenth Amendment?
- Whether Section Three of the Fourteenth Amendment is self-executing to the extent of allowing states to remove candidates from the ballot in the absence of any Congressional action authorizing such process?
- Whether the denial to a political party of its ability to choose the candidate of its choice in a presidential primary and general election violates that party's First Amendment Right of Association?
#1 & 3 were completely ignored because they’re only willing to craft big ~~legislation~~ opinions on conservative/originalist topics, but “show respect for the lower courts” when it’s convenient for SCotUS
They focused in on the state w/o congress aspect of #2, because it’s the weakest part of the Colorado case unfortunately, and allowed this fig-leaf opt out on disqualification being kicked back to Congress
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SCOTUS rules the Constitution unconstitutional.
Trump is never held accountable for his own actions and things will only get worse.
These.Mother.Fuckers...
amazing how quickly those states rights arguments evaporate when its not to the republicans benefits, huh
“I would expect that a goodly number of states will say whoever the Democratic candidate is, you’re off the ballot, and others, for the Republican candidate, you’re off the ballot. It will come down to just a handful of states that are going to decide the presidential election. That’s a pretty daunting consequence,” the chief justice, John Roberts, said during oral argument. (https://www.theguardian.com/us-news/2024/mar/04/trump-scotus-colorado-ruling)
Damn inconsistent of them, being concerned about consequences after the current court's previous rulings.
"If we do the right thing now, Republicans will act in bad faith to do the wrong thing later" is such a bullshit cop-out but it happens all the fucking time.
Democracy is already broken, the popular vote winner doesn't get to be president if they are Democrat, unless the margin is very large.
It comes down to just a handful of states anyway
They won't, but Colorado should still keep him off the ballot. The ruling was clearly made in fear of chaos instead of what was correct, so they deserve chaos irregardless.
Or at least make a show about it, like all those states did when Texas was told to let the fed agents cut the razor wire.
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The supreme court is anything but. They are traitors to the USA.
This should be a surprise to nobody; the courts have been largely bending over backwards to accommodate Trump.
The supreme court just ruled that either the 14th amendment requires an act of Congress, despite no such requirement listed in the constitution.
Then you have Cannon, who has gone out of her way to rule in Trump's favor, up to and including the implication that Trump actually is above the law, and has shown she is hellbent on continuing to do so.
The supreme Court is also throwing Trump another bone by delaying his dc trial by 2 months, essentially giving Trump the win by running out the clock instead of ruling on presidential immunity.
The stormy Daniels case is of little legal and even less political consequence, as the case is weak already and Trump is not considered at significant risk.
The GA case is likely to get derailed because Willis couldn't keep her personal and professional life separate, and her handling of the affair puts her credibility in doubt.
At least we have the civil judgement. At least, until Trump finds another judge willing to throw that out too.
.
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Anyone here remember this?
The Guardian: Kavanaugh will ‘step up’ to keep Trump on ballots, ex-president’s lawyer says
Looks like Boofin' Brett kept his word after all.
It was unanimous. Against constitutional precedent from the people who wrote the Amendment, btw.
So much for Originalism.
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Next obvious steps for Colorado should be;
Do nothing
Point finger at Texas
All signs point to President Trump at the end of 2024. It was nice knowing ya.
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Just the latest reminder that the 3rd Clause of the 14th Amendment isn't worth the paper it's written on.
Edit: Important from the Court's three liberal justices:
"The American people have the power to vote for and elect candidates for national office, and that is a great and glorious thing. The men who drafted and ratified the Fourteenth Amendment, however, had witnessed an 'insurrection [and] rebellion' to defend slavery. They wanted to ensure that those who had participated in that insurrection, and in possible future insurrections, could not return to prominent roles. Today, the majority goes beyond the necessities of this case to limit how Section 3 can bar an oathbreaking insurrectionist from becoming President. Although we agree that Colorado cannot enforce Section 3, we protest the majority's effort to use this case to define the limits of federal enforcement of that provision. Because we would decide only the issue before us, we concur only in the judgment."
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