I'm not even #mairikkkan but I can see that #1a #4a and #14a are already de facto gone.
Wayyyyyy too many Americans are waiting for a swastika white house before thinking it's facism.
The Failed States of America is a fascist zone with a growing number of political prisoners throughout this month.
Kept in the states, #gitmo or #elsalvador or black sites that we don't know about.
#dhs #ice #fbi whatever #gestapo shows up, your constitution has been de facto suspended when the executive branch ignores it. #1a #4a #14a are functionally dead.
Get it yet?
What. Are. You. Waiting. For? (First they came for...)
Interesting OpEd —
[About the authors: "Evan Davis was editor in chief of the Columbia Law Review and David Schulte was editor in chief of the Yale Law Journal. Both clerked for Justice Potter Stewart. Davis is a New York lawyer who served as president of the New York City Bar, and Schulte is a Chicago investment banker."
https://thehill.com/opinion/congress-blog/5055171-constitution-insurrection-trump-disqualification/
h/t @heidilifeldman https://mastodon.social/@heidilifeldman/113735199964310007
#insurrection #14A #Constitution #USpol #USpolitics #USelections #election #elections
This is a great class session w/law professor, @meiselasb.bsky.social (yes, he really IS a law prof!) re: 14th Amendment Section 3 Disqualification issues.
I highly recommend listening to it. I think everyone will find this analysis helpful.
#TFG has used mob tactics for >50 yrs. Republicans now employ them: MSM is still ignoring the threats.
OH GOP SOC says he will keep Pres Biden off the Nov election unless the DNC moves its convention up to early Aug. So when it came to Trump being barred from ballot by way of the #14A the GOP went ballistic but now the Ohio GOP is going to do this & nothing!
-D Obeidallah
Biden could face challenges getting on OH gen. ballot.
@wdlindsy
Incomprehensible decision from #SCOTUS. I don't understand how it got 9 votes
1) Says sec 5 only empowers Congress to enforce #14A... But only for Fed roles, State roles are fine.
2) Worries about inconsistencies between states ...but fails to set judicial tests that would give consistency.
3) Ignores the actual insurrection that happened when 2020 wasn't recognised ...leaving America wide open to a repeat if (when!) 2024 is disputed.
…#Colorado had tried to disqualify him on the grounds that the #14thAmendment to the #Constitution, for reasons of history & prudence, bars insurrectionists from office.
Today’s decision overruling CO’s decision was made on the grounds that the Constitution makes #Congress solely responsible for enforcing §3 of the #14A, not the states. Which is funny, because the court is dominated by ideologues who normally love #StatesRights.
That appears to be the attitude of the #SupremeCourt of the #UnitedStates, which for the 2nd time in a wk did nothing to dispel the notion that it is the #billionaire-bought #lapdog of #Trump, committed to doing literally anything to elect him.
…this morning #SCOTUS ruled — per curiam, meaning the whole court, not just the #conservative majority — that Trump can remain on the ballot in #Colorado.
…the high court will do anything it can to hand the fmr #insurrectionist-in-chief the keys to the #WhiteHouse. Today it struck again.
I mean, who among us hasn’t insurrected? It happens to a lot of guys. It’s not a big deal.
#AnandGiridharadas; #TheInk
#Trump #law #justice #Jan6 #Insurrection #14A #14thAmendment #law #SCOTUSstench #ActivistCourt #PartisanCourt #CourtReform #TermLimits
https://open.substack.com/pub/anandwrites/p/supreme-court-impunity-colorado-ballot?r=dikz2&utm_campaign=post&utm_medium=email
#SCOTUS has now put the decision in the hands of people like #JimJordan, #MikeJohnson, #JimComer, #EliseStefanik, #MarjorieTaylorGreen, #MattGaetz, #LaurenBoebert, #AndyBiggs, #PaulGosar, #ScottPerry, #BarryLoudermilk, & others many of whom actively participated in #Trump’s #coup attempt & the #Jan6 #insurrection. Were they to enforce §3 of the #14thAmendment they would be disqualified for office themselves.
In so doing, the Court set up a new rule which extends beyond #Trump: that #Congress, & not the states, is responsible for enforcing
#disqualification against federal officeholders & candidates. To do that, the majority held, Congress MUST act.
The ruling brings one of the most prominent efforts to hold #Trump accountable for his attempt to stay in #power after losing the #2020election to an end. #SCOTUS, in oral arguments & in its Monday opinion, went out of its way to dodge the question of whether that attempt — which culminated in the #Jan6 storming of #Congress — constituted an #insurrection.
#14A #14thAmendment #law #Colorado #ballot #Disqualification
https://www.supremecourt.gov/opinions/23pdf/23-719_19m2.pdf
In a relatively brief, 13 pg opinion, accompanied by one concurrence from Justice #AmyConeyBarrett & another from the 3 #liberals on the bench, the court decided that the #Constitution leaves the question of #Trump’s disqualification to #Congress. [bullshit]
“Responsibility for enforcing Section 3 against federal officeholders & candidates rests w/Congress & not the States,” the Court ruled.
#14A #14thAmendment #law
#SCOTUS #Colorado #ballot #Disqualification
#SCOTUS forced the state of #Colorado to keep #Trump on the presidential #ballot after the state’s Supreme Court found that the #Constitution’s #Disqualification Clause barred him from running for office.
The court issued its ruling in a unanimous, per curiam order.
#14A #14thAmendment #law
https://talkingpointsmemo.com/news/scotus-rules-constitutions-dq-clause-cant-keep-trump-off-ballot
Leo likely saved #TFG again. He's a threat to democracy & nat. sec:
Leo's co-chair of the Federalist Society, counts 5 of the current 9 justices as current or former members. Through this network, he's tied to several of the filers of amicus briefs in the #14A case that could prevent TFG from running for re-election. In those briefs, a variety of conservative groups argue agst. his removal, aligning with TFG’s arguments that he should remain on the ballot. #GOPCorruption https://www.theguardian.com/law/2024/feb/09/leonard-leo-federalist-society-trump-ballot-supreme-court
‘The threat isn’t over’: the expert arguing to the supreme court Trump is an insurrectionist
Jill Habig, now president of the non-profit Public Rights Project (PRP), hopes her arguments will persuade the supreme court that Donald Trump is an insurrectionist who should be disqualified from the 2024 presidential election.
Habig has filed an amicus brief on behalf of historians contending that section 3 of the 14th amendment to the constitution, which bars people who “engaged in insurrection” from holding public office, applies to Trump’s role in the January 6, 2021 attack on the US Capitol.
The brief gives the supreme court’s originalists, who believe the constitution should be interpreted as it would have been in the era it was written, a taste of their own medicine.
Conservative justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett are self-declared originalists while Samuel Alito has described himself as a “practical originalist”.
“Our goal was to bring an originalist historical perspective to the supreme court as it considered the meaning of section 3 of the 14th amendment,” Habig, a former special counsel to then California attorney general Harris, says by phone from Oakland.
“The point we make with our historian colleagues is that the history of section 3 is actually very clear. It demonstrates that section 3 was intended to automatically disqualify insurrectionists.”
The amicus brief, led by historians Jill Lepore of Harvard and David Blight of Yale, cites debates from the time in which senators made clear that their view that the provision that would not only apply for former Confederates but to the leaders of rebellions yet to come.
#insurrection #14A
https://www.theguardian.com/us-news/2024/feb/05/trump-insurrectionist-supreme-court-jill-habig?CMP=Share_iOSApp_Other
Will Republican SCJs care that many prominent Republicans, incl. former governors, judges..., believe #TFG should be disqualified under the #14A? Some won't care bc they'll protect #TFG, but could two side with the Democrats?
Three ex-GOP governors—Marc Racicot of MT, Christie Whitman of NJ, Bill Weld of MA —have signed on to a legal brief to the Supreme Court arguing Trump is disqualified from running for president under the 14th Amendment."
https://newrepublic.com/article/178545/trump-disqualified-14th-amendment-lonely-republicans
25 US historians just filed an amicus brief supporting #Colorado's position that the 14th Amendment requires it to remove #Trump from the ballot.
https://www.theguardian.com/law/2024/jan/28/us-historians-sign-brief-to-support-colorados-removal-of-trump-from-ballot
If conservative #SCOTUS justices take #originalism seriously, they should take this brief seriously. (Note, #if.)
The historians conclude that the #14A #insurrection clause does apply to presidents, does cover post-civil-war insurrection, and does not require supplementary acts of Congress.