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submitted 1 year ago by girlfreddy@lemmy.ca to c/news@lemmy.world

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.

Whether the judges keep Trump on the ballot or boot him, their rulings are likely to be swiftly appealed, eventually to the U.S. Supreme Court. The nation’s highest court has never ruled on the Civil War-era provision in the 14th Amendment that prohibits those who swore an oath to uphold the constitution and then “engaged in insurrection” against it from holding higher office.

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[-] Poayjay@lemmy.world 114 points 1 year ago* (last edited 1 year ago)

That Supreme Court decision will be the embarrassment of our generation. Even though the constitution says nothing about a conviction, they’ll say that without a conviction he won’t reach the threshold of “insurrection.” Or maybe they’ll conveniently redefine the word insurrection. Or maybe they’ll say he didn’t technically “engage.” The possibilities are endless if you decide the verdict first and work your way back creating a legal justification.

[-] Jaysyn@kbin.social 85 points 1 year ago

Even though the constitution says nothing about a conviction

That's actually the easiest argument there to counter. None of the politicians & officers of the Confederacy were convicted for insurrection, yet they were still barred from office.

[-] Wooster@startrek.website 20 points 1 year ago

What would prevent them from arguing that was improper, and thus invalid?

[-] EatYouWell@lemmy.world 18 points 1 year ago

The fact that they don't even have to argue. They don't have to justify their decisions to anyone, really, since there's no oversight.

[-] Jaysyn@kbin.social 14 points 1 year ago* (last edited 1 year ago)

The same thing that prevents the Executive Branch from ignoring their rulings.

If they are going to play Calvinball, Biden should take a page from Andrew Jackson ask them how they plan on enforcing any of that.

I think that would be terribly dangerous for Thomas' continued freedom, with all the light being shined upon the bribes he's taken. He's still a Federal Officer & beholden to those laws despite his recent mouth-noises to the contrary.

[-] Honytawk@lemmy.zip 8 points 1 year ago

A bayonet in their face probably

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this post was submitted on 30 Oct 2023
339 points (97.2% liked)

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