• Welcome to OGBoards 10.0, keep in mind that we will be making LOTS of changes to smooth out the experience here and make it as close as possible functionally to the old software, but feel free to drop suggestions or requests in the Tech Support subforum!

Trump Not Allowed on Colorado, Maine Ballots

So hard to believe these intelligent SC judges are behind someone as obviously stupid as Trump.
 
Not exactly. 9-0 Trump stays on the ballot. But 5-4 on the breadth of the holding. Sotomayor, Kagan, and Jackson with a pretty blistering concurrence and Barrett with a “I don’t want to say I concur with the liberal block, but read between the lines and see that I do” concurrence. So we’ve got boys vs. girls…

All justices say a state, on its own, can’t disqualify under Sec. 3 of the 14th Amendment. Majority goes further to say that Sec. 3 is not self-executing and that the only way to for any candidate for federal office to be disqualified under it is through a statue enacted by Congress.
I get it that people don't want Trump on the ballot. Me included. But we need to be mindful of the ability of state legislatures to determine who appears on ballot in a state. In particular, if GOP state politicians had the ability to just remove Biden or a future dem from the ballot in their state, do you think they would resist that?
 
Can’t wait to see the mental gymnastics on them ruling presidential immunity for Trump but only Trump
They don't have to answer to you or anyone else. They can make up whatever they want and it doesn't even need to make sense.

All that matters is there aren't 67 votes to remove.
 
Seems to me that Congress already voted that Trump was an insurrectionist on impeachment vote which was >50% in each time. House 232–197, Senate 57-43. Not enough to remove from office, but still a finding of insurrection. It would have made sense if the SCOTUS referred to these votes as Congressional execution of 14A.
 
I get it that people don't want Trump on the ballot. Me included. But we need to be mindful of the ability of state legislatures to determine who appears on ballot in a state. In particular, if GOP state politicians had the ability to just remove Biden or a future dem from the ballot in their state, do you think they would resist that?
Do you feel better about Congress? SCOTUS seems to.
 
I get it that people don't want Trump on the ballot. Me included. But we need to be mindful of the ability of state legislatures to determine who appears on ballot in a state. In particular, if GOP state politicians had the ability to just remove Biden or a future dem from the ballot in their state, do you think they would resist that?
I don't disagree with this from a practicality standpoint and that seems to be where all 9 justices stood. I am right there with the concurrence (that apparently was at some point styled as a concurrence in part and dissent in part, based on the metadata in the PDF opinion - not really a surprise, it sure reads more dissent-y than anything else), however, that the idea that the only way for any candidate for federal office to be disqualified under it is through a statue enacted by Congress was 1) not necessary to decide and 2) to the extent that it was decided, it was wrong. Without some kind of enabling legislation, you could easily read the majority opinion as saying a federal court could not apply disqualification to someone actually convicted of insurrection! That is just bat shit crazy.
 
Last edited:
I get it that people don't want Trump on the ballot. Me included. But we need to be mindful of the ability of state legislatures to determine who appears on ballot in a state. In particular, if GOP state politicians had the ability to just remove Biden or a future dem from the ballot in their state, do you think they would resist that?

Yea, that's why this was a unanimous decision in that regard. The dissent of the brighter/better ones had to do with something more.
 


1709650180029.png

Which Tunnels poster is most likely to say something similar ?
 
Back
Top