this post was submitted on 01 Nov 2023
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United States | News & Politics

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State courts to consider blocking Trump from 2024 ballot under the ‘insurrection’ clause (www.pbs.org)
submitted 1 year ago by DevCat@lemmy.world to c/usa@lemmy.ml
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DENVER (AP) — The campaign to use the U.S. Constitution’s “insurrection” clause to bar former President Donald Trump from running for the White House again enters a new phase this week as hearings begin in two states on lawsuits that might end up reaching the U.S. Supreme Court.

A weeklong hearing on one lawsuit to bar Trump from the ballot in Colorado begins Monday, while on Thursday oral arguments are scheduled before the Minnesota Supreme Court on an effort to kick the Republican former president off the ballot in that state.

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[–] FutileRecipe@lemmy.world 6 points 1 year ago (2 children)

This should definitely end up at the U. S. Supreme Court. This is for a federal position, so it should be decided at a federal level.

[–] ira@lemmy.ml 15 points 1 year ago (1 children)

Unfortunately that's not how it works because of the electoral college. You're ultimately voting to choose your state's electors. It's up to each and every state to decide the process for choosing their electors.

[–] corsicanguppy@lemmy.ca 2 points 1 year ago

Electors; those people threatened, stalked and harassed by gun-clutcher Trump cultists? Those guys?

I'm in favour of removing that role, now that it's changed from "valuable last-ditch crazy-dictator prevention mechanism" to "go hug your kids and do what we say".

[–] DevCat@lemmy.world 11 points 1 year ago

There are a number of republicans that would disagree. Thankfully, they've been told no.

The independent state legislature theory or independent state legislature doctrine (ISL) is a judicially rejected legal theory that posits that the Constitution of the United States delegates authority to regulate federal elections within a state to that state's elected lawmakers without any checks and balances from state courts, governors, or other bodies with legislative power (such as constitutional conventions or independent commissions).