I feel like this 100% should have been upheld. The reason being that trump engaged in an insurrection, which, according to the 14th amendment, means he cannot run for public office. We have laws for a reason, right? republicans can try to kick (D)s off the ballot, but I would hope they have a damn good reason for it. If not, that is when our court system is supposed to step in.
It does certainly seem like allowing this would have been damaging to democracy in the long run (could Texas just boot off Biden because he's the democratic candidate and some made up charges relating to the border?), especially since he has not been tried and convincted, but so damaging in the short term to allow someone who is such a clear and present danger to democracy to remain eligible.
All the more reason to hate the Supreme Court, I say. They're a corrupt, miserable institution that rarely accurately reflects the American consciousness. Their only saving grace is the few times they have.
Also Supreme Court precedent will be the death of us all.
Daily reminder that the constitution does not explicitly give the Supreme Court the right of judicial review, they gave them selves the right to strike down laws as unconstitutional by “interpreting implied powers” from the constitution.
Help me understand this.
SCOTUS is saying states cannot determine who is and who is not insurrectionist enough to be off their ballots. Rather, it is Congress (the same Congress that acquitted a known insurrectionist) who is the sole judge of that.
???
Obvious answers seem to be corruption and regulatory capture. But I'm trying to make sure I'm reading their opinion correctly.
Is it not essentially, "States conduct elections as they see fit. No, wait, not like that!"
The case was about wether he could be removed from the ballot (having not actually been convicted for treason yet) but some of the judges used it as an opportunity to state that only congress could do that for federal elections. The case was pretty open and shut on the first part, not so much on the second.
Didn't the Jan 6 Select Committee already recommend the DoJ should pursue criminal charges against 45 for his role in the insurrection? Now SCOTUS wants Congress to decide again?
The court held that states may bar candidates from state office. “But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency,” the court wrote.
While all nine justices agreed that Trump should be on the ballot, there was sharp disagreement from the three liberal members of the court and a milder disagreement from conservative Justice Amy Coney Barrett that their colleagues went too far in determining what Congress must do to disqualify someone from federal office.
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WASHINGTON (AP) — The Supreme Court on Monday restored Donald Trump to 2024 presidential primary ballots, rejecting state attempts to hold the Republican former president accountable for the Capitol riot.
The justices ruled a day before the Super Tuesday primaries that states, without action from Congress first, cannot invoke a post-Civil War constitutional provision to keep presidential candidates from appearing on ballots.
The outcome ends efforts in Colorado, Illinois, Maine and elsewhere to kick Trump, the front-runner for his party’s nomination, off the ballot because of his attempts to undo his loss in the 2020 election to Democrat Joe Biden, culminating in the Jan. 6, 2021, attack on the Capitol.
Trump’s case was the first at the Supreme Court dealing with a provision of the 14th Amendment that was adopted after the Civil War to prevent former officeholders who “engaged in insurrection” from holding office again.
Trump had been kicked off the ballots in Colorado, Maine and Illinois, but all three rulings were on hold awaiting the Supreme Court’s decision.
They have considered many Trump-related cases in recent years, declining to embrace his bogus claims of fraud in the 2020 election and refusing to shield tax records from Congress and prosecutors in New York.