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Time to violently storm the Supreme Court, then. After all, they approve.
This is a shit take. This ruling is not saying "Trump did nothing wrong", this is specifically saying "States cannot unilaterally decide to remove federal election candidates from ballots", which I completely agree with. As others have noted, it would open the doors to so much bullshit if this were allowed.
The SC could come out tomorrow and say "We're disqualifying Trump", this doesn't preclude that.
States have always had that power. Whether its age, naturalization, or oath-breaking, it's never been up to the federal government to decide disqualification.
States remove federal election candidates for eligibility reasons all the time. Trump is yet again getting special treatment.
‘States rights only apply when not direct conflict with conservative views’
- John 22:16
The states explicitly have that determining power according to the constitution, specifically for insurrection.
Fuuuck the Supreme Cowards.
Unanimous? How?
Because the liberal justices are being consistent in their rulings, while the conservatives justices all of a sudden forgot that they think these things should be deferred to the states.
Fascists use institutions to secure and entrench power. They are not restricted by them.
The question for those cheering this decision as a win for the rule of law or the institution is: how aware of this are you?
A nonsensical ruling.
The section specifically says congress can allow someone to hold office with a 2/3rds vote. How does it make any sense that it also takes specific congressional action to disqualify someone? A simple majority could stop that.
They even noted on a footnote a case where a 2/3rds majority voted to seat a former confederate. Yet they didn’t bother to outline how he was disqualified to start with. It wasn’t congressional action.
And they exceed legal thoughts as the suppose there needs to be uniformity so the president is president for all. History is filled with candidates that didn’t appear on the ballot is some states. Lincoln wasn’t on the ballot in some southern states. Like it or not, that is how it works.
And while the majority was rightfully chided for going beyond the question presented, shame on the liberals for ruling to protect their federal power rather than protecting the integrity of elections. I hated the oral arguments where they were all saying it “feels” like a federal question. If you want it to be a federal question, amend the constitution so the feds are in charge of elections. Until then, states have the right to decide who is on their ballot.
Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Right, and per the opinion, Amendment 14 sections 3 and 5 specifically take rights away from the States to delegate for the federal government.
What happened to State's Rights? Oh, they only matter when they didn't benefit you. Got it.
What happened to upholding the constitution? He is literally barred from office for his crimes, and his legal defence was that he did those crimes but it shouldn't disbar him (even though it very clearly does).
It's so wild that the 'but the people have democratic rights to choose among candidates' crowd invoke that argument to make the candidate that's promised to end democracy and rights one of the options they can vote for
You know, because democracy
And also, he never won on the people's democratic right to choose among candidates. Hillary did. He won because the president is chosen by the states, not the people. Don't like it? Abolish the electoral college.
I thought a president can do anything with full immunity. So Biden could make it so, according to Trump’s own rules.
Does this case not also show that they will infact say he has immunity as well unless Congress impeaches him and the Senate agrees/dismissed the person. Aka the president has immunity to do anything they want so long as one of the legislative departments will not act. Aka, they can be run by fear of death as well unless they can pass the impeachment and dismissal faster than the president can hear about it or act to stop it.
Theoretically wouldn't it be legal for the president to blow up Congress in session because they couldn't impeach him for doing so until a new Congress is elected.... Which of course cannot happen without them all being scared for their lives. Legal dictatorship. : /
States rights only applies when it benefits the GQP
What I don't understand about the ruling is that congress has already exercised their power. Donald Trump was impeached by congress in 2021 for inciting an insurrection. The states are only enforcing the law based on the ruling a of the House of Representatives and a majority of the Senate.
States rights!!!!! Sometimes.
I mean, the whole argument hinges on the fact that the procedures around Section 3 are ambiguous, but clearly since states haven't tried to do it themselves before, that means they obviously don't have the authority. So, the precedent exists not because it has actually been set, but because it can be inferred to exist by the fact that it hasn't been set.
May as well have signed it in crayon, too. OH WAIT THEY DIDN'T SIGN IT
"It's not for us to decide. It's up to the Republican controlled Congress to decide to allow Trump and any other Republican candidate and not allow Democrat candidates the same luxury."
Short term this is disappointing, but long term I think it is for the best. Being unanimous makes it less likely a state will ignore the rulling, and had they ruled against Trump, then we would have seen decades of retaliation from red states removing all democrats for any reason.
The root of the problem remains that nearly half our voting citizens support electing a violent and hateful criminal.
Guess we really are going the route of states ignoring federal rulings and laws. This might get scary in the next few years.
It is already scary now.