this post was submitted on 08 Feb 2024
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The dispute comes from Colorado — but it could have national implications for Trump and his political fate.

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[–] Kbin_space_program@kbin.social 0 points 8 months ago (1 children)

I am not a lawyer.

He's absolutely responsible for the jan 6 2021 insurrection. But he's not actually legally guilty of it yet, no?

I suspect that they might rule that only someone convicted of insurrection can be removed from the ballot; regardless of the actual letter of the law nor requiring that.

[–] FlowVoid@lemmy.world -1 points 8 months ago* (last edited 8 months ago) (1 children)

Keep in mind that the SCOTUS majority have spent decades advocating the doctrine of "originalism".

Originalists think that the 14th means whatever the Reconstructionists who wrote it thought it meant. And it's abundantly clear that Reconstructionists did not intend to prosecute former Confederates but still wanted to keep them out of office.

If the SCOTUS majority ignores what Reconstructionists thought in order to help Trump, it would be like the Pope ignoring Catholic doctrine in order to help Trump. They can do it, but they know their legal theory will never be taken seriously again. And that's a big deal, since Justices are ultimately remembered for their legal theories.

[–] Nobody@lemmy.world 0 points 8 months ago

True, but politics tends to put an asterisk by justices' rulings. In Bush v. Gore, the Ds were arguing states rights, while the Rs were arguing federal supremacy. Completely against their usual positions, but everyone knows why.