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[-] originalucifer@moist.catsweat.com 211 points 1 year ago

Luttig said it would be “impossible” for the Supreme Court to interpret the 14th Amendment any differently than the Colorado court.

thats some solid optimism against a supreme court proven to be corrupt

[-] LEDZeppelin@lemmy.world 100 points 1 year ago

Luxury fishing trips and anonymously repaid debts enter the chat

[-] shalafi@lemmy.world 42 points 1 year ago

Same SCOTUS that already refused to hear Trump's earlier election case (not this week's story)?

Same SCOTUS who refused to hear Alabama's redistricting case, allowing a lower court's judgement to stand?

Y'all need to learn the difference between "conservative" and "partisan".

[-] Telorand@reddthat.com 27 points 1 year ago

I tend to agree with your point, but they also dragged out legal precedent from ≈1850 to justify striking down abortion. They could just as easily go back to the pre-amendment version and say that the Framers never intended the 14th amendment to be a part of the Constitution; their conservatism isn't exactly grounded in anything reasonable

[-] AbidanYre@lemmy.world 25 points 1 year ago

1850 would have been considered the space age to the guy Alito used as justification

Yes, Alito literally quoted this guy, who was born in 1609, as a defense for ending Roe v. Wade in 2022.

[-] lolcatnip@reddthat.com 12 points 1 year ago

Sounds to me like a distinction without a difference. The reactionary judges are happy to work with the reactionary party to accomplish their goals. How can political actors be nonpartisan when their political philosophy is one and the same as that of a major political party?

[-] Orbituary@lemmy.world 5 points 1 year ago

It's a distinction with context. Partisan could be for any side. In this case it's by conservatives who are define morality through the execution of toxic capitalism and profit without room for nuance.

[-] SkyezOpen@lemmy.world 11 points 1 year ago

Taking two completely fake cases designed to set conservative legal precident isn't partisan enough for you? They're pretending to have some level of actual impartiality currently because of the scrutiny over roe, Clarence Thomas, etc. Plus those rulings they didn't touch were legally sound enough that overturning them would cause riots outside their homes.

[-] Zorque@kbin.social 6 points 1 year ago

So do most "conservatives".

[-] brown567@sh.itjust.works 12 points 1 year ago

What? They aren't corrupt, they unanimously agreed they weren't /s

[-] Simmumah@lemmy.world 88 points 1 year ago

For those people in denial, a judge had a Finding of Fact in an American Court case, that Trump engaged in Insurrection.

https://edition.cnn.com/2023/11/18/politics/takeaways-from-the-blockbuster-trump-insurrectionist-ban-ruling/index.html

[-] shalafi@lemmy.world 44 points 1 year ago

Yep! Brilliant move. Now any higher court has to treat that as a fact. No take backsies.

In either case, this was getting appealed, but now Trump is factually an insurrectionist. I am here for it.

[-] MsPenguinette@lemmy.world 8 points 1 year ago

So you can’t appeal a finding of fact? I was under the assumption everything was up for challenging

[-] Jaysyn@kbin.social 6 points 1 year ago

Trump won that case, nothing to appeal.

[-] Uranium3006@kbin.social 7 points 1 year ago

I'm still afraid of Bush vs Gore 2.0 but all it takes is 5/9 to do the right thing

[-] Ashyr@sh.itjust.works 6 points 1 year ago

I don't understand how important a finding of fact is, could you explain why this is valuable beyond Colorado? I want to be excited about it as well.

[-] Davel23@kbin.social 72 points 1 year ago

Luttig said it would be “impossible” for the Supreme Court to interpret the 14th Amendment any differently than the Colorado court.

The Supremely Corrupt Court: Hold my beer.

[-] chuckleslord@lemmy.world 11 points 1 year ago

"Well, actually, an 'Officer' in this context is an unelected representative. And since there's no direct line for the President, they must've meant to exempt that office implicitly (even though that would really need an explicit exemption) so we're going to side with Trump"

[-] TimLovesTech@badatbeing.social 1 points 1 year ago

But doing so would mean presidents are above US law. It would also mean we could just call the '24 election for Biden now and because he'd be above the law, you couldn't make him leave. Really a lose/lose for Trump on this one.

[-] chuckleslord@lemmy.world 1 points 1 year ago

I love the optimism. I can muster it sometimes. But it really does feel like they're not playing by the rules anymore. They'd just make it not work for anyone outside their team. Anyone can logic their way to any conclusion, honestly, if they're clever enough. And that's, like, a job requirement. I think, we've already seen it a few times now.

[-] Nougat@kbin.social 57 points 1 year ago

The Colorado Supreme Court determined that Trump was responsible for the Jan. 6 Capitol riots and should be disqualified from the ballot via the 14th Amendment.

Not "should be" - "is." They determined that Trump is disqualified from the ballot via the 14th Amendment.

[-] MindSkipperBro12@lemmy.world 4 points 1 year ago

Does the Supreme Court of the US believe that?

[-] Nougat@kbin.social 16 points 1 year ago

Until they make a ruling, or decline to take the case, the Colorado Supreme Court's ruling stands. (Yes, I know they have stayed judgment until Jan 4.)

[-] jaybone@lemmy.world 8 points 1 year ago

They believe what they are paid to believe.

[-] EatYouWell@lemmy.world 8 points 1 year ago

Depends on who's paying them.

[-] TimLovesTech@badatbeing.social 4 points 1 year ago* (last edited 1 year ago)

A ruling that the President of the United States, that has been found to have engaged in insurrection against the United States, doesn't fall under the 14th amendment would basically mean that Presidents are above US law. This would mean Biden could just call the '24 election now, or do a Putin, and just disqualify Trump now and Biden could just stay until he leaves on his own or death. It's a lose/lose for Trump on this.

Edit typo

[-] verdantbanana@lemmy.world 13 points 1 year ago

federal law and the constitution went out the window years ago

everything is a state by state issue now from voting, to insurance laws both medical auto etcetera, abortion and bodily autonomy, what health care you are allowed to receive, you name it and yes this includes who will be on the ballot all decided based on what geographic lottery you win

federal law is toothless only state laws matter now

source: the lawyer we pay and even his entire office does not know how to proceed with certain cases now that federal law is being dismantled entirely

this post was submitted on 24 Dec 2023
490 points (97.3% liked)

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