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Yo_Mama_Been_Loggin

(108,406 posts)
Tue Mar 5, 2024, 03:20 PM Mar 5

After Trump wins at the Supreme Court, some warn it may be harder for Congress to boot 'oathbreaking insurrectionists'

WASHINGTON — In ruling that states cannot kick Donald Trump off the ballot, the Supreme Court placed significant limits on any effort — including by Congress — to prevent the former president from returning to office.

Should Trump win the presidential election and lawmakers then seek to not certify the results and prevent him from taking office because he "engaged in insurrection" under Section 3 of the Constitution's 14th Amendment, the decision could foreclose that action.

It is on that point that the court — notionally unanimous in ruling for Trump despite its 6-3 conservative majority — appeared to be divided, with the three liberal justices vehemently objecting to the apparent straitjacket the decision enforced on Congress.

-snip-

“This gives the Supreme Court major power to second guess any congressional decision over enforcement of Section 3,” Rick Hasen, an election law expert at UCLA School of Law, wrote immediately after the ruling.

https://www.yahoo.com/news/trump-wins-supreme-court-warn-202947554.html

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After Trump wins at the Supreme Court, some warn it may be harder for Congress to boot 'oathbreaking insurrectionists' (Original Post) Yo_Mama_Been_Loggin Mar 5 OP
There really is no need to even explore this hypothetical... FarPoint Mar 5 #1
By refusing to deem someone an insurrectionist bucolic_frolic Mar 5 #2

FarPoint

(12,474 posts)
1. There really is no need to even explore this hypothetical...
Tue Mar 5, 2024, 03:32 PM
Mar 5

May I suggest we focus on the firm facts and not awfulize " if "scenarios all day....

Such thinking has no power for success....no power for the future....it is destructive behavior....worse case scenerio discussions .....fearmongering, wringing of hands stuff...

Let's be proactive....

bucolic_frolic

(43,456 posts)
2. By refusing to deem someone an insurrectionist
Tue Mar 5, 2024, 03:49 PM
Mar 5

They approve insurrectionists.

I will give SCOTUS this: Post Civil War, from 1865 through the early 1900s when the last of them died out, Congress made these calls, sometimes by refusing to seat, sometimes in groups of more than several green-lit to hold office. It was handled in a collegial, we-all-went-through-the-war manner so let's forget about it. Most were green-lighted I think. Accounts of what happened are buried in obscure history books.

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