this post was submitted on 12 Jan 2024
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As the Colorado Supreme Court wrote, January 6 meets the bar for insurrection “under any viable definition” of the term. The legal scholar Mark Graber, who has closely studied the Fourteenth Amendment’s history, argues that “insurrection” should be understood broadly—an act of organized resistance to government authority motivated by a “public purpose.” That certainly describes the Capitol riot, in which a violent mob attacked law enforcement and threatened members of Congress and the vice president in order to block the rightful counting of the electoral vote and illegally secure the victory of the losing candidate. The historical record also suggests that the amendment’s requirement that a prospective officeholder must have “engaged in insurrection” should also be understood broadly—meaning that Trump’s speech on the Ellipse that morning and his encouragement of the rioters while they smashed their way through the Capitol more than fit the bill.

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[–] silence7 9 points 10 months ago (1 children)

The Atlantic caters to the wealthy and powerful, so they're likely trying to shape elite opinion with the potential to influence the Supreme Court.

[–] affiliate@lemmy.world 1 points 10 months ago (1 children)

it would be nice if it had that effect, but it’s been 3 years since jan 6 and much has been said in that time (by the atlantic and others). january 6 has been such a central point of american politics for so many years, and it’s been such a polarizing thing that i doubt there are many people left who are still on the fence about it.

i think this article is way more effective at reinforcing the idea that we can debate our way out of january 6th, than it is at actually debating our way out of january 6th.