this post was submitted on 04 Mar 2024
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[–] [email protected] 20 points 1 year ago (2 children)

So what happens if the states continue to keep him off the ballot? Does the federal government take over their elections, or do they refuse to recognize the electors?

The supreme clowns are giving an opinion and states are already starting to ignore their opinions. What happens if the states ignore this and say their state rights exceed here?

[–] [email protected] 11 points 1 year ago* (last edited 1 year ago)

The bigger news isn't that he's back on the ballot, but the 5-4 split within the unanimous ruling.

They unanimously agreed that a state Court can't ban someone from election to a federal office based on federal rules. There's something to be said for that, which is why the liberal justices were all on board with it.

The 5-4 split with the separate opinions, however, was Thomas, Alito, Robert's, Kavanaugh, and Gorsuch saying that federal courts also can't ban someone from holding office for insurrection even if convicted of the crime in a federal court.

They're setting up Trump to be eligible to be elected President even if he loses the insurrection trial prior to the election. They're saying only Congress can ban him from office for insurrection.

The liberal justices wrote a heated rebuke of that in their concurring opinion, and Barrett sided with the liberals, but scolded the liberals for being too mean about it in her standalone concurring opinion.

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[–] [email protected] 20 points 1 year ago (3 children)

I don’t like the guy, but I like even less the government deciding to take candidates off the ballot.

The opinion: https://www.supremecourt.gov/opinions/23pdf/23-719_19m2.pdf

We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.

[–] [email protected] 17 points 1 year ago* (last edited 1 year ago)

To be fair, the government has always set criteria for being on the ballot. For example, to be US president you have to be at least 35, a natural citizen, and have live in the states for at least 14 years.

Not being an insurrectionist is also part of that criteria. We’ve just never had a presidential candidate that has needed us to consider that part of the constitution.

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[–] [email protected] 20 points 1 year ago (1 children)

The US is a weird place. Why can't you just ignore your strange council of all powerful wizards that rule for life? Didn't some other state do that only a few months ago and face no repercussion? Just ignore the geriatric corrupt bastards.

[–] [email protected] 12 points 1 year ago

Hawaii already is. Our government is run by honor system. Once enough stop honoring it, it will all come crumbling down.

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