SCOTUS rules the Constitution unconstitutional.
Where them “states’ rights” advocates at?
Not advantagous right now. It’ll rear it’s ugly head again once it becomes politically advantagous to do so.
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.
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.
dissent
So I went to read it and found there’s no dissenting opinion, but a concurring one: but oddly, if you CTRL+F “dissent”, their concurrence lights up for me. Tried it on two PDF readers, but maybe I’m losing grip on reality.
Nah, it was a concurrence because they agreed that the case should be reversed. Their concurrence doesn’t agree with what they went beyond reversing it though. I just don’t have good legal language.
Sorry, I didn’t articulate my thoughts well: I meant that when I CTRL+F’ed the PDF searching for “dissent”, the second of three places in the PDF that it “finds” the word dissent is literally behind the word “concurring” in “SOTOMAYOR, KAGAN, and JACKSON, JJ., concurring in judgment” on page 15 of the PDF.
I also don’t have legal training to dissect most of what’s in there, but I find it interesting that dissent is embedded in the PDF behind the title to their opinion.
No one read beyond the insurrection clause, sec 5 of the 14th says only Congress can remove him
No. It says -
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Which is a repeating of the Constitution in the case of section 3, which says states administer elections unless there’s a specific law from Congress. Section 5 uses no exclusionary language to say states cannot enforce the amendment.
Yet the Court continues on to resolve questions not before us. In a case involving no federal action whatsoever, the Court opines on how federal enforcement of Section 3 must proceed. Congress, the majority says, must enact legislation under Section 5 prescribing the procedures to “ ‘ “ascertain[ ] what particular individuals” ’ ” should be disqualified. Ante, at 5 (quoting Griffin’s Case, 11 F. Cas. 7, 26 (No. 5,815) (CC Va. 1869) (Chase, Circuit Justice)). These musings are as inadequately supported as they are gratuitous.
To start, nothing in Section 3’s text supports the majority’s view of how federal disqualification efforts must operate. Section 3 states simply that “[n]o person shall” holdcertain positions and offices if they are oathbreaking insurectionists. Amdt. 14. Nothing in that unequivocal bar suggests that implementing legislation enacted under Section 5 is “critical” (or, for that matter, what that word means in this context). Ante, at 5. In fact, the text cuts the opposite way. Section 3 provides that when an oathbreaking insurrectionist is disqualified, “Congress may by a vote of two-thirds of each House, remove such disability.” It is hard to understand why the Constitution would require a congressional supermajority to remove a disqualification if a simple majority could nullify Section 3’s operation by repealing or declining to pass implementing legislation. Even petitioner’s lawyer acknowledged the “tension” in Section 3 that the majority’s view creates. See Tr. of Oral Arg. 31. Similarly, nothing else in the rest of the Fourteenth Amendment supports the majority’s view. Section 5 gives Congress the “power to enforce [the Amendment] by appropriate legislation.” Remedial legislation of any kind, however, is not required. All the Reconstruction Amendments (including the due process and equal protection guaranteesand prohibition of slavery) “are self-executing,” meaning that they do not depend on legislation. City of Boerne v. Flores, 521 U. S. 507, 524 (1997); see Civil Rights Cases, 109 U. S. 3, 20 (1883). Similarly, other constitutional rules of disqualification, like the two-term limit on the Presidency, do not require implementing legislation. See, e.g., Art. II, §1, cl. 5 (Presidential Qualifications); Amdt. 22 (Presidential Term Limits). Nor does the majority suggest otherwise.
It says only Congress can reinstate him. It says nothing about Congress removing anyone from candidacy, because the “shall” language is self-executing.
I’m kinda glad because I don’t think trump will win against Biden, but I think Nikki may have. Plus now the repubs are divided a bit between Nikki or Trump and less will probably show up to vote.
No matter what, the next election will suck and if Biden wins, Harris will probably take over as president after like the first year.
On the brightside many cynics are enjoying being proven correct once more.
No we’re very sick of being right someone please stop us.
When do we decide the social contract has been broken?
Nice new yacht for a certain member of the court?
amazing how quickly those states rights arguments evaporate when its not to the republicans benefits, huh
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.
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.
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
Sec 5 of the 14th clearly says only Congress can remove him
That’s if he’s in office. He’s not in office.
Sec 5 is the means of enforcing sec 3
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.
The supreme court just ruled that either the 14th amendment somehow doesn’t apply to presidents, trump didn’t engage in insurrection, and/or Trump is just simply above the law.
That’s quite literally not what they argued, even if you try to read it that way. You really should read the opinion before you tell people what it says.
edit: LOL! OP deleted the stupid argument and replaced it with one that sounds less stupid. My quote was lifted verbatim, and the stealth edit speaks volumes.
this thing was doomed from the start and the unanimous vote of the Supreme Court shows that. Y’all are overlooking the fact that this keeps red states from taking Biden off the ballot too.
Biden didn’t commit insurrection.
a lot of trump supporters think he did. “no u” is a classic american strategy
It seems like someone should be eligible for all states or no states when it comes to this question. But a federal court, not only congress, should have authority to convict on these charges and thereby rule the candidate ineligible.
I told everyone for months that sec 5 clearly says ONLY Congress can remove him. I wish I had bookmarked everyone that old me I was a bot or Russian that doesn’t know what they are talking about.
I guess that must’ve been on your other account then?
On Reddit
Please point out the word “only” in Section 5 to me. I must be blind: “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
“The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
It’s right there The Congress shall have the power to enforce
Please provide references demonstrating that the founding fathers defined “shall” to include an implicit inclusion of “only”, “exclusively”, or any similar verbiage.
I’ll wait.
Trump is never held accountable for his own actions and things will only get worse.
As much as I hate Trump, I think it sets a dangerous precedent to allow a state to remove a candidate from the ballot pre-conviction. I hope he does get convicted and thus removed from the ballot however
