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Supreme Court may look to the Civil War to resolve whether Trump can be on the ballot (www.nbcnews.com)

submitted 10 months ago by [email protected] to c/[email protected]

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Chief Justice Salmon Chase’s handling of cases involving Confederate President Jefferson Davis and a Black man in Virginia help inform the Supreme Court ahead of Feb. 8 hearing.

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[–] [email protected] 2 points 9 months ago* (last edited 9 months ago)

The Chase case is a terrible example for several reasons laid out here: https://www.documentcloud.org/documents/24396727-kermit-roosevelt-amicus?responsive=1&title=1

That's an amicus brief for this case, filed with the Supreme Court by the great-great-grandson of Teddy Roosevelt, a historian who spends a great deal of time explaining the full context of the fourteenth from actual historical record and case law, including (and excoriating) Chase.

A lawyer and commentator for Lawfare declared it the best of the briefs he's seen, and he cited other excellent ones as well that do not rely on Chase.

It's 54 pages, so not for the timid, but I found it a fascinating read and anyone wanting to know the actual history will as well.