The Constitution only says participation in an insurrection is disqualifying, not conviction of a crime related to insurrection. That’s a huge difference in the eyes of lawyers & Constitutional scholars.
I really wish the idea that the SCOTUS is a body of pure, detached law would die. It is and always has been an overtly political institution dedicated to legislating from the bench. It has never been otherwise.
They aren't going to kick Trump off the ballot. There are actual reasonable legal arguments for why that would be wrong. And they don't even need them. Bullshit is adequate. He's their good boy.
I don't know. I think there's a possibility. Remember, they're politically beholden to the GOP, not necessarily Trump. The wealthy donors might not like his plans either. Which is perfect, because Thomas was thinking about a cruise in south America anyway.
much as I'd love to see them kick him out, I'm pretty sure all of them are aware that their lives could quite literally be on the line here. they're gonna figure out ahead of time who's voting what way, so they can have may be a 6-3 split while still ensuring that they don't risk actually letting it pass.
Not that I really know anything about this but isn't this a state's rights issue? Don't states determine their own ballets? Anyway, this will be interesting to watch. I'd like to think we can't be sure of the results.
No matter how it goes, I think this will be damaging to the GOP which is fine by me. They married the criminal and I am sure there are those who wish to cut him loose and those who can't give him up.
Participation in an insurrection is disqualifying under the US Constitution, so it very much is not a states' rights issue. The question is what standard of evidence is required.
Even a convicted murder can be on the ballot; there are very few things that can forcibly bar one from the ballot. This doesn't have a chance in hell of working.
It's fun to consider. What's absolutely wild is anyone who sincerely thinks there's even the most remote chance of the SCOTUS disqualifying their special boy. Even if the law were totally unambiguous and clear.
It's trivially easy for them to say "you didn't participate if you weren't convicted". That is certainly the least they will do. This court is likely to just say the entire thing about disqualification is totally moot in some way or another, at least when it comes to Trump
Given the lack of a conviction on charges of insurrection, that is a very, very unlikely avenue to work. If such offenses cannot be proven in a court of law, why do you think a court of law will buy such offenses were committed?