How so? It’s up to Congress to go after a president. Supreme Court should state this was already put in front of Congress and the system of the people worked. Should be a complete shut down of rogue DA’s, judges and non elected officials that never had the power to do anything in the first place. Soon as Trump takes office he should have them all arrested for treason.

This post was edited by Landmine on Jan 1 2024 06:08pm

When somebody is not allowed to run due to a constitutional disqualification it's perfectly fine for a state to not allow the person on the ballot. It isn't up to congress to disqualify somebody for being under 35, same as its not on congress to disqualify somebody for an insurrection.

States run their own elections, states get to decide who's on the ballot. If the reason is that they committed an insurrection, and it can be shown that there was an insurrection, then they are disqualified. There has never been a requirement for a criminal conviction, nor for congressional action except to remove the disqualificaition.

Who has to show that there was an insurrecton, and which standard is necessary to 'show that there was an insurrection' in a legally sound way?

States obviously can't decide who's on the ballot completely arbitrarily, can't disqualify candidates for any random reason. For example, say the Republican-controlled general assembly in Georgia passes a bill postulating that Biden is guilty of dereliction of duty, or perhaps even treason, because he does nothing to secure the Southern border, and that Biden therefore won't appear on the ballot in Georgia; the Republican governor of Georgia signs the bill into law and the Republican-controlled state supreme court upholds the bill - I think it should be obvious that this approach still wouldn't fly.

Disqualification based on Section 3 of the 14th Amendment is clearly arising from federal law; thus, state courts can obviously not have the final say on how to interpret said federal law. In particular, it is not reconcilable with the rule of law to have a situation where different states arrive at diametrically opposed interpretations of the same piece of federal law. Twisting this logical necessity into a "violation of state rights" is laughable.

Long story short: the only court which can reasonably decide whether Trump is guilty of an insurrection, and whether he meets the standard for disqualification from office under the 14th Amendment, is the SCOTUS - and this decision has to be binding for all state courts and state governments.

The supreme court will need to lay out some facets of what is an insurrection and then apply them to Donald Trump. In absence of such a standard, the Colorado supreme court did exactly what they should have done.

The only real way to weasel out of this is to say "it wasn't technically an insurrection" which would require absolutely bending over backwards to ignore facts on the ground.

Which, to be clear, the conservative supreme court is absolutely willing to do. They have been caught in dozens of blatant lies about basic facts in their more controversial rulings since they took power.

This post was edited by Thor123422 on Jan 1 2024 07:22pm

Oh, the “threat to democracy” people are in full force on this one

As long as a State is part of the US... they can't arbitrarily decide who can or can't be on the ballot or run for president.
This is what the Supreme Court has to rule on... whether or not a State is allowed to do that.

IF... Trump is found guilty of insurrection... then the Federal Govt. can disallow his running for president. They don't need any help from the States.



Anyway... the whole Jan 6th BS is just more witch hunt and everyone knows that. Insurrection-gate. Or... "nothing burger" in peasant-speak.

"stop the cunt"

It wasn't an insurrection.

If you don’t think telling a passionate crowd to “march…peacefully and patriotically make your voices heard”_Trump isn’t double speak super secret code for “don’t just go to the capitol, go inside the capitol” _man who was hasn’t seen a day of jail time, then you are a brainwashed idiot