this post was submitted on 08 Feb 2024
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The dispute comes from Colorado — but it could have national implications for Trump and his political fate.

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[–] FlowVoid@lemmy.world 5 points 8 months ago* (last edited 8 months ago) (1 children)

States rights is associated with Republican elected politicians, but not so much the SCOTUS majority. There are many examples of Roberts et al ruling against states rights, in fact they recently sided against Texas in the state v federal border dispute. And they ruled against the independent state legislature theory last year.

Originalism, on the other hand, is near and dear to their hearts. They have basically never embraced another doctrine.

[–] Nobody@lemmy.world 4 points 8 months ago (1 children)

Fair point, but if the vote goes 6-3 and the Rs ignore originalism entirely in their opinion, I don't think anyone would expect their adherence to the doctrine to change in the next case or any cases afterward. It'll go down in the history books as a politically-motivated outlier case, not dissimilar to Bush v. Gore.

[–] FlowVoid@lemmy.world 4 points 8 months ago* (last edited 8 months ago) (1 children)

Sure, they would still adhere to originalism. But they would knowingly create a precedent where it doesn't apply. Future Justices are supposed to respect precedent, so this means handing future liberal courts a useful new tool to dismantle their contribution to legal theory.

Is saving Trump from himself worth ending their own legacy?

[–] Nobody@lemmy.world 5 points 8 months ago

I'd really like to think that these justices still care about things like legacy and consistency, but I'm not sure that's the case. I suppose we'll find out soon enough.

That, or they'll punt the ruling on some bullshit like waiting for Congress to act. That seems most likely at this point.