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I agree with you on this that the SC will allow Trump to remain on the ballot. The 14th doesn't say you can't run for office, only that you can't hold office. But I do want to see how they side step "states rights".They are hearing this case in the SC at this moment. I think they will leave Trump on the ballots on the due process issue--that he hasn't actually been convicted of leading an insurrection yet (although we all know he did). And I don't mind if he's left on the ballot. I think he should be decisively rejected by the voters.
This is actually right a the point I prefer--that he probably will be left on the ballot by the SC, with the SC later weighing in on the side of him not having immunity from prosecution. It all has him being jerked around and in a tizzy fit. That's right where I want him--suffering and being buffeted from all sides. I want him under pressure and in danger every minute of his day.
Given the "not yet due process" off-ramp opportunity, I don't think the SC needs to get into any of the other issues. I can also see them ruling that, for national-level position issues, an individual state's ruling doesn't overrule a universal application on the federal level.I agree with you on this that the SC will allow Trump to remain on the ballot. The 14th doesn't say you can't run for office, only that you can't hold office. But I do want to see how they side step "states rights".
To me it seems Colorado has already ruled Trump did participate in an insurrection, which is the only criteria stated in the 14th. As such the state has exercised it's rights granted by the Elections Clause to not put Trump on the ballot.
Great fun!! I see an SC baking a pretzel here....
Yes that's the pretzel making, a disqualification, without due process. But the argument before the court is not about does the 14th need due process before being implemented. It didn't when it has been used in the past...it's about a States right to remove a name from a ballot. Something that has happened back in the early 1930's. So there is a weak precedent there.Given the "not yet due process" off-ramp opportunity,
Yes I can see them off-roading to this.I don't think the SC needs to get into any of the other issues. I can also see them ruling that, for national-level position issues, an individual state's ruling doesn't overrule a universal application on the federal level.
They're just throwing stuff against the wall, hoping something sticks...I think the "he's not an officer of the government" position is downright nuts.
It did stick at the appellate level in Colorado. Again, a really nutty position, I think.They're just throwing stuff against the wall, hoping something sticks...
This is kind of how I thought this would go.
That's the question I've asked before.The 14th doesn't say you can't run for office, only that you can't hold office. But I do want to see how they side step "states rights".
That is exactly the way I read it. He is disqualified, and the VP then is sworn in as President.Suppose they don't decide the eligibility issue and let the election run without it. Somehow, legitimately or not, he gets the Electoral College votes. THEN they decide he isn't eligible.
What happens? Doe his VP get it? Stefanik? Noem? Carlson? Abbott? Do any of us want any of them?
That sounds more like a gripe than a question. Elected representatives vote on the interest of the constituents overall. So some may vote to keep the peace while others do not. It's subjective, not objective. They would need to determine whether they feel an override is necessary based on their interpretation and perspective. It certainly would be political rather than legal.One other question.
The disqualification, if it happens, can be overturned by a 2/3rds margin in both chambers. Not either, both.
He gets the EC votes, SCOTUS disqualifies him
BUT, in the meantime, Rs keep the House and take the Senate back. What happens? Do enough Ds cave (in the interest of keeping the peace, nyuk, nyuk) to make the 2/3rds?