this post was submitted on 19 Dec 2023
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[–] Rapidcreek@lemmy.world 183 points 9 months ago* (last edited 9 months ago) (17 children)

So which will SCOTUS rule:

A. January 6 wasn't really an insurrection;

B. Trump didn't participate;

C. The 14th Amendment doesn't really mean what the plain words of it say it means

?

My bet is C

[–] FlyingSquid@lemmy.world 73 points 9 months ago (5 children)

SCOTUS refused to entertain Trump's election lie. Don't be so certain they will be friendly to him this time. I hate the current SCOTUS, but they can surprise you sometimes.

[–] 0110010001100010@lemmy.world 38 points 9 months ago (2 children)

It's also not like he can retaliate in any way (other than trying to provoke his supporters into acting). They are set up for life, and can continue to influence the country for years to come with or without him. They may choose to let him drown.

[–] FlyingSquid@lemmy.world 21 points 9 months ago* (last edited 9 months ago)

Exactly. They are in no way beholden to him. And even their pet issue of abortion has been taken care of, so they've paid their dues. Now they can do whatever they feel like.

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[–] postmateDumbass@lemmy.world 11 points 9 months ago

Ill wait until all the ~~opinions~~ bribes are cast

[–] rockSlayer@lemmy.world 9 points 9 months ago

Thomas almost feels like he has an obligation to something other than his wallet, so he's slowed down on the radically unpopular rulings.

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[–] theodewere@kbin.social 36 points 9 months ago (2 children)

or D, an obscure quote from the Old Testament about the power of Kings and their scepters and orbs and whatnot

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[–] krakenx@lemmy.world 11 points 9 months ago (2 children)

They will probably pass it back to the states. It's not like the blue states were going to vote for Trump anyways, and the "unfairness" of it will probably boost him in purple and red states.

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[–] Crow@lemmy.world 11 points 9 months ago (1 children)

Unlike other republicans who are at the whim of trump, the Supreme Court can’t really be touched and don’t have to bow down to him while still being shitty republicans.

[–] Chef@sh.itjust.works 20 points 9 months ago (1 children)

I dunno. The consequence of an unfavorable ruling is that the bribes stop.

[–] nomous@lemmy.world 12 points 9 months ago

Nah that's the thing. Trump can kick rocks and there'll still be plenty of "donors" who just so happen to have cases coming up.

[–] NocturnalMorning@lemmy.world 8 points 9 months ago (4 children)

The Supreme Court doesn't really have any say in how states run their elections. That's the only wrinkle I see on this. If they tried to dictate state elections, states could just ignore it.

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[–] Omegamanthethird@lemmy.world 8 points 9 months ago (1 children)

The 14th amendment also guarantees the right to seek medical treatment. Yet women are denied this right.

[–] SCB@lemmy.world 22 points 9 months ago* (last edited 9 months ago) (2 children)

The 14th amendment does not guarantee any sort of right to any specific healthcare.

If it did, one assumes abortion proponents would have used that language in lieu of privacy as in Roe v Wade

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[–] NocturnalMorning@lemmy.world 93 points 9 months ago

Good, this shouldn't even have been a debate. It is clear that Trump attempted a coordinated effort to stay in office. If that's not disqualifying from president, then nothing is.

[–] AlwaysNowNeverNotMe@kbin.social 81 points 9 months ago (3 children)

Cool, if only the states he has a chance of winning would follow suit.

[–] originalucifer@moist.catsweat.com 100 points 9 months ago (12 children)

precedent! a ruling here could be used in a non hostile state!

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[–] Aidinthel@reddthat.com 36 points 9 months ago (7 children)

Note that this applies to the primary also, so it might damage him by encouraging his Republican challengers to stay in the race.

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[–] EdibleFriend@lemmy.world 47 points 9 months ago

This is a massively historical moment. But, with everything that has happened the last several years this is, quite literally, Tuesday for me.

[–] Jaysyn@kbin.social 43 points 9 months ago (1 children)

Current SCotUS is hella corrupt, but I don't see them denying that the individual States control their own elections.

[–] Silverseren@kbin.social 18 points 9 months ago

It would certainly be interesting to see the long-term ramifications if they tried.

[–] agitatedpotato@lemmy.world 38 points 9 months ago

Sweet, consequences. Cheers Colorado.

[–] Stamau123@lemmy.world 37 points 9 months ago (3 children)

Man, Colorado just can't stop winning

[–] queue@lemmy.blahaj.zone 9 points 9 months ago (2 children)

Colorado is seemingly a cool state to be in. I'd really consider moving there lately.

[–] Stamau123@lemmy.world 10 points 9 months ago (1 children)

We also just reintroduced wolves and banned grocery bags. One of the most expensive metro to live in, but you look at the states surrounding us and you get why everyone is moving here.

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[–] just_change_it@lemmy.world 36 points 9 months ago* (last edited 9 months ago) (1 children)

Nothing is final until the federal supreme court weighs in or the election is final.

At this stage of the game all of the appeals in the world are in play.

ftfa

The court put its decision on hold until Jan. 4 to allow for further appeals. It also said that if the matter is pursued before the U.S. Supreme Court before that date, the pause will remain in effect during that time and Colorado will be required to include Trump’s name on the primary ballot pending action by the Supreme Court.

Article also mentions the supreme court in CO is appointed by all democrats. A big win would be a red state agreeing with this.

[–] SatanicNotMessianic@lemmy.ml 20 points 9 months ago (1 children)

I’m not too sure about that. I think it’s pretty open and shut and scotus can’t do anything about it.

Case law has found time and again that states can decide their own election laws, and that the federal government cannot override that except in the most egregious cases.

But the very cases where they chose to defer were huge, election changing cases, like Bush v Gore and the VRA.

I don’t think they can even issue a stay without doing the exact same thing. The current stay is through the 4th because CO law says they have to set the ballots by Jan 5. So even issuing a stay would be the feds overstepping the bounds.

Overstepping their own bounds in fact, since people still on this court decided those cases, and Gorsuch actually ruled on this same Colorado law in favor of CO having the right to control its own ballot.

What this means is very possible sweep in CO, because if Trump isn’t on the ballot, that will hurt turnout which would flip some new areas blue. That’s the entire downticket from senators to dogcatchers.

[–] psycho_driver@lemmy.world 26 points 9 months ago (2 children)

I think it’s pretty open and shut and scotus can’t do anything about it.

Justice Thomas will go on a long vacation aboard a yacht and come back with a different opinion than you.

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[–] morphballganon@lemmy.world 29 points 9 months ago

Someone in Colorado did their job.

Now let's see how many other states follow.

[–] queue@lemmy.blahaj.zone 25 points 9 months ago (2 children)
[–] morphballganon@lemmy.world 11 points 9 months ago

It won't take 50 to ensure he loses, thankfully.

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[–] theodewere@kbin.social 20 points 9 months ago (2 children)

if he's not on the ballot in CO, they also wouldn't ratify his election.. they may not seem big, but they have the Air Force Academy and NORAD i think..

[–] SaltySalamander@kbin.social 33 points 9 months ago (1 children)
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[–] Silverseren@kbin.social 11 points 9 months ago

How does that work, legally speaking? Have we ever had a President in the past century that had states that didn't allow them on the ballot? Outside of having to go all the way back to like Lincoln times.

[–] eran_morad@lemmy.world 18 points 9 months ago

Fuck the republican traitor filth.

[–] IamRoot@sh.itjust.works 15 points 9 months ago (2 children)

Colorado has 10 electoral votes.

[–] nicetriangle@kbin.social 49 points 9 months ago (4 children)

It hurts republican downballot candidates tho. There's gonna be a number of Trump voters who won't show up if he's not on the ballot and they would have been straight ticket republican votes.

Also this sets a big precedent.

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[–] cmbabul@lemmy.world 13 points 9 months ago* (last edited 9 months ago)

I’m still scared shitless about the prospect of him winning or being handed the presidency by GOP ghouls, but this is the most hopeful news I’ve seen in a while. Granted at this point I think any Republican candidate would be as bad or worse if they won, none of them have the hold over the base that Trump does. We’ll see if it cascades in a meaningful way but we likely won’t be out of the woods even if it does.

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