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this post was submitted on 02 Nov 2023
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Nope there is no way this is going to happen. So Trump's eligibility is going to hit the US Supreme Court. It is litigation on the Constitution itself with more or less zero case law around it. This is the kind of thing that every lawyer dreams of putting their name on. It will hit the US Supreme Court and they will take it. So he will be either eligible or ineligible in all 50 states it will not be ~~peace meal.~~ piecemeal
Now that doesn't mean that there won't be a major independent candidate for some other reasons, but not for this reason.
On the third section? Almost all the case law I have seen is on the first section. Feel free to cite your cases.
It will go to the Supreme Court and they’ll rubber stamp so he can run.
Just because they're right-wing does not make them beholden to Trump. They've made some solid decisions lately.
Not being sarcastic, but also don't follow every Supreme Court case: what do you view as the encouragingly solid decisions? I did see one civil rights-related case that seemed to go positively a few weeks back.
It absolutely does mean that now.
The Supreme Court cannot issue a constitutional amendment, only the States or Congress can do that. It's going to be extremely difficult to claim the 14th Amendment doesn't apply to Trump based on the language and the fact that Confederates were barred from office without being convicted. The Supreme Court would be in breach of power to ignore what the Consitution says.
Oh no, breach of power! Good thing we can sue them right? ...right?
Yeah..I'll see you in cour...wait a minute.
The supreme court already rewrote the college loan law. I think they know they can't be held accountable and have little respect for the laws or constution beyond those that align with their ideology
A law is different than a Consitutional Amendment. They can't rewrite it and it's obvious what the Amendment was put in place for.
It would be pretty hypocritical given that a third of SCOTUS believes in the independent state legislature theory which pretty much lets states legislatures do whatever they want with regards to federal elections. But, that's probably not going to stop them siding with Trump.
Oh dear, I’m sure they are absolutely terrified of looking hypocritical
And they will say that regardless of the Civil War precedents say, a court needs to determine whether he participated in the insurrection via a conviction.
Piecemeal