this post was submitted on 08 Feb 2024
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[–] Burn_The_Right@lemmy.world 128 points 9 months ago* (last edited 9 months ago) (4 children)

Did anyone think for even a moment that this illegitimate "supreme" court would rule in good faith? This court serves only conservatives and billionaires.

This court is a conservative roach motel. It should be tossed into the deepest part of the garbage.

[–] oxjox@lemmy.ml 38 points 9 months ago (11 children)

While listening to the hearing this morning, I was taken by the overall consensus and impartiality of ALL the justices (though Barrett does sound like a child who's in way over her head). I was surprised most by Jackson's line of questioning which seemed more opposed to the ballot removal than anyone else.

This isn't about conservatives - conservatives are the one's suing to keep him off the ballot. It's about the Constitution and state rights.

If you're interested in the actual legality of it all, rather than the "politics", I would encourage you to keep away from biased media opinions, click/rage-bait headlines, and (it should go without saying) social media. It's actually an extremely interesting case and this article you are commenting on without reading is a great place to start.

Conservative and liberal justices alike questioned during arguments Thursday whether Trump can be disqualified from being president again

A lot of it appeared super obvious to me over the past few months but the justices and lawyers are bringing up some interesting perspectives I would never have thought of.

Their main concern was whether Congress must act before states can invoke a constitutional provision that was adopted after the Civil War to prevent former officeholders who “engaged in insurrection” from holding office again.

Justice Elena Kagan was among several justices who wanted to know “why a single state should decide who gets to be president of the United States.”

Chief Justice John Roberts worried that a ruling against Trump would prompt efforts to disqualify other candidates, “and surely some of those will succeed.”

You and I and the internet can argue all we want about whether he should be permitted on every sate ballot (I presume we're in agreement of the preferred outcome) but, I'll assume, neither of us are lawyers, state counsels, or constitutional scholars. And it seems that there's a discussion about 'being on a ballot' and 'being inaugurated as president' are the same or not. Perhaps he's on the ballot and wins the election only to find the electors can't vote for him. Yeah - it's weird AF.

[–] Dkarma@lemmy.world 40 points 9 months ago* (last edited 9 months ago) (13 children)

Kagans reasoning is so fucking stupid. No one has the right to run for president and kicking one person off doesn't "decide who is president" it means they're not qualified. If I was 34 and tried to run they would say I'm not qualified...not that the state was deciding I couldn't be president.

[–] restingboredface@sh.itjust.works 23 points 9 months ago (2 children)

Exactly. Saying that one state doesn't have the right to make the call is basically saying they can't enforce constitutionally based rules. If that is the case then everything would have to go to federal court, and the states would have a lot less control over their own electoral process.

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[–] ElleChaise@kbin.social 19 points 9 months ago (1 children)

Let's burn this mother down, pookie!

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[–] CharlesDarwin@lemmy.world 16 points 9 months ago

It's also not only too conservative, it's too religious.

[–] prole@sh.itjust.works 112 points 9 months ago (5 children)

In what warped reality is the President of the United States not "an officer of the US"? The amendment was literally made for this exact situation.

It makes less than zero sense that the drafters and ratifiers of the amendment meant to leave the highest office in the nation out of the purview of the amendment. Absolute horseshit.

Pretty disappointing to see the comments from some of the more liberal justices...

[–] Soulg@lemmy.world 50 points 9 months ago* (last edited 9 months ago) (1 children)

Not only is what you're saying obviously correct, but THE PEOPLE WHO VOTED IN THE FUCKING AMENDMENT was asked about this exact lack of the word "president", and pointed to the officer line, and said that clearly included the president.

It's also worth noting that there was just a single reference in the Senate debate to the fact that the president and vice president were not explicitly mentioned in Howard's draft as "officer(s) of the United States," the way members of Congress and state officials had been itemized in the text. Would the disqualification clause of the amendment not cover the top posts in the executive branch?

"Why did you omit to exclude them?" asked Maryland Democratic Sen. Reverdy Johnson.

Maine's Lot Morrill jumped in to clarify.

"Let me call the Senator's attention to the words 'or hold any office, civil or military, under the United States,'" Morrill said, ending the discussion on that point.

https://abcnews.go.com/Politics/framers-14th-amendments-disqualification-clause-analysis/story?id=105996364

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[–] themeatbridge@lemmy.world 26 points 9 months ago (4 children)

It sounds to me like they are going to weasel out of it by saying the Colorado Supreme Court doesn't have the authority to make that decision for everyone.

Which they didn't.

The Colorado Supreme Court ruled that Trump is disqualified and cannot appear on the Colorado ballots. The Colorado Supreme Court does have that authority, because the Colorado state legislature gave it to them and nothing in federal law says they don't. Colorado had previously disqualified another candidate, and the judge who determined they could was Neil Gorsuch.

There is no question as to whether the President is an officer of the United States. There is no question as to whether his oath to uphold and defend the constitution is also an oath to support the constitution. There is no question as to whether the actions on January 6th were an insurrection, as several participants have already been convicted of seditious conspiracy. There is no question as to whether Trump supported them, because he live tweeted his support to the world in real time. There is no question as to whether Trump needs to be convicted, because the amendment never mentions conviction, and none of the other people previously disqualified under this amendment from office were convicted of anything.

None of these arguments holds even the faintest hint of water. They are bad faith arguments made by political hacks with a predetermined agenda to support Trump. The court is illegitimate, and we have no functional justice system.

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[–] Izzgo@kbin.social 65 points 9 months ago (5 children)

So that would mean insurrection would be legal in America. If Biden loses to Trump, I will feel empowered to riot in the same way. Time to get a gun I guess.

[–] agitatedpotato@lemmy.world 103 points 9 months ago* (last edited 9 months ago) (3 children)

Anything resembling a more left leaning insurrection will get a very different response than the last one. You will be murdered by the state on the spot. The feds bombed a civilian neighborhood in the 80s for less than that.

[–] givesomefucks@lemmy.world 39 points 9 months ago

The feds bombed a civilian neighborhood in the 80s

They didn't bomb a neighborhood...

They flattened an entire block.

[–] stown@sedd.it 22 points 9 months ago (1 children)

This is why we take the "peaceful protest" straight to the supreme Court where the real seat of conservative political power lies.

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

This is why we take the “peaceful protest” straight to the supreme Court where the real seat of conservative political power lies.

Better get on it or you will be out of time.

[–] stown@sedd.it 10 points 9 months ago (2 children)

I think it's the judges who should be worried about "running out of time"

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[–] agent_flounder@lemmy.world 17 points 9 months ago

Questions of Legality aren't being heard here. This is only about eligibility for being on a presidential ballot and the ability of an individual state to determine eligibility and remove the candidate from the ballot.

[–] winky9827b@lemmy.world 10 points 9 months ago (2 children)

No. The questions posed by the Supreme Court centered around whether there was merit in allowing any single state, which may have arbitrary criteria and or processes, to effectively eliminate a candidate from the ballot, and if so, under what constraints. Ours a valid question. Where is the line? If you allow this precedent, how might it be abused by others?

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[–] csm10495@sh.itjust.works 55 points 9 months ago (2 children)

Funny how no one claims states rights here.

That only seems to be a Republican talking point.

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[–] Feathercrown@lemmy.world 55 points 9 months ago

"Supreme court seems poised to reject efforts to kick insurrectionist Donald Trump off the ballot over the January 6th insurrection, despite the law saying no insurrectionists can be on the ballot"

[–] reverendsteveii@lemm.ee 52 points 9 months ago (2 children)

"top constitutional court ready to rule entire constitutional amendment unconstitutional"

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[–] 44razorsedge@lemmy.world 47 points 9 months ago (2 children)

I do not understand the US judiciary nullifying a portion of the "sacred" constitution. Seems like the beginning of the end, to an outside observer. Thanks for all the fish!!

[–] PugJesus@kbin.social 39 points 9 months ago

No, no, don't worry, the Supreme Court ruling that the plain language of the Constitution must be interpreted in ever-narrower ways (except when it helps the right-wing) is totally not troubling at all.

[–] ElleChaise@kbin.social 15 points 9 months ago (1 children)

No way man, this is the middle of the end. The beginning of the end was when they introduced legal bribery after dumbing down the general populace for a couple decades.

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[–] Furbag@lemmy.world 47 points 9 months ago (1 children)

This is why voting matters. The SCOTUS is basically an apparatus of the conservatives now, and will be for most of the rest of our lives.

[–] oxjox@lemmy.ml 13 points 9 months ago

I agree with everything here other than "This".

This case has been brought to the Supreme Court by of the Colorado republicans who wanted Trump off the ballot.

If you had read the first sentence of the article, you'd see that most of the judges are in agreement.

with conservative and liberal justices in apparent agreement in a case that puts them at the heart of a presidential election.

[–] Jaysyn@kbin.social 42 points 9 months ago (1 children)
[–] tsonfeir@lemm.ee 15 points 9 months ago (1 children)
[–] PugJesus@kbin.social 23 points 9 months ago (2 children)

"Freedom of speech means you can express opinions in your own property, not anywhere in public. And if you rent, that's not your property." - SCOTUS 2025

[–] tsonfeir@lemm.ee 11 points 9 months ago (2 children)

“Freedom of speech on your own property only means you can say what you want inside your home where no one else can hear you” - SCOTUS 2026

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[–] Pratai@lemmy.ca 40 points 9 months ago (6 children)

States that believe he should not be on the ballot should keep him off the ballot regardless of what the Supreme Court says. Fuck them and their corrupt shit.

[–] GiddyGap@lemm.ee 30 points 9 months ago (1 children)

That's what Republicans in Texas are doing on the border.

[–] Syringe@lemmy.world 19 points 9 months ago (1 children)

Scotus has clearly demonstrated that it is no longer a legitimate institution. It's be fine with both sides ignoring them until they can demonstrate that they've cleaned house.

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[–] cmoney@lemmy.world 39 points 9 months ago (1 children)

Any bets on where Clarence Thomas will get to spend his next luxury vacation?

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[–] PugJesus@kbin.social 39 points 9 months ago (1 children)

SCOTUS rules that they can overturn amendments.

[–] tsonfeir@lemm.ee 16 points 9 months ago

SCOTUS rules it can choose the next president.

SCOTUS rules it can execute people without a trial.

[–] givesomefucks@lemmy.world 22 points 9 months ago* (last edited 9 months ago) (1 children)

Tldr:

Their excuse is he wasn't personally there.

So it's not saying an insurrection is ok, they're saying trump hasn't been proven to have participated yet.

Which is why not holding presidents accountable while in office is bullshit. This shit takes so long thru the courts, a lot can change.

We can't take a decade to prosecute an insurrection

[–] Theprogressivist@lemmy.world 10 points 9 months ago

Except it's been proven by the courts already.

[–] dhork@lemmy.world 20 points 9 months ago (8 children)

I wouldn't count this as over just yet. it makes sense that the judges would reserve their harshest questioning for the side that feels they must upend an election. Even the Liberal justices were wary of that.

They spent very little time on the topic of whether Trump was engaged in insurrection. To me, that means their minds are made up on that, one way or the other. You would think if they were going to let him off the hook based on that, though, they would ask more questions.

I think they will rule that individual states can't use the amendment to keep candidates off of primary ballots. That much is clear. I wonder if they rule that Trump must remain on the ballot, but cannot serve if he wins -- unless waived by Congress. It would make the discussion of Trump's VP much more interesting.

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[–] aew360@lemm.ee 20 points 9 months ago (3 children)

I mean, yeah it’s disappointing but hopefully a legal case can prove he in incited an insurrection and then states can remove him from the ballot. Then the SCOTUS would have to quite literally just nullify a a part of the Constitution, which would be… not out of the realm of possibilities at this point

[–] agent_flounder@lemmy.world 35 points 9 months ago

The legal case in Colorado already determined he met the definitions of insurrection as known by the authors of the 14th.

Based on a summary of their questions and statements, I suspect SCOTUS will rule that only via a procedure defined by Congress can someone be determined to be ineligible for the Presidency based on the 14th. And only at the federal level.

There was such a procedure defined by law following the Civil War but it was revoked by Congress in the 1940s.

[–] PugJesus@kbin.social 14 points 9 months ago (1 children)

I mean, yeah it’s disappointing but hopefully a legal case can prove he in incited an insurrection and then states can remove him from the ballot.

"Trial was too close to an election. Political. Overruled."

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[–] Zuberi@lemmy.dbzer0.com 16 points 9 months ago

100% not suprising

[–] LocoOhNo@lemmus.org 15 points 9 months ago* (last edited 9 months ago) (4 children)

Looks like 248 years is the cutoff for a democratic United States. We'll soon see if the Christians can contain their collective erection for destroying societies for 2 years so we can at least say 250.

[–] Hegar@kbin.social 12 points 9 months ago* (last edited 9 months ago) (1 children)

I'm all for democracy in the US, but the electoral college was put in specifically to avoid being a democracy. Also representative democracy is just a fancy word for oligarchy. Plus legislation hasn't represented public opinion since the at least the 80s, based on research from Princeton.

So we've never been designed as democracy, they are checks against democracy, and we're not functionally democratic.

What christians and fascists are destroying at the moment is the rule of law.

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