this post was submitted on 19 Dec 2023
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[–] Rapidcreek@lemmy.world 166 points 10 months ago* (last edited 10 months ago) (11 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 64 points 10 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 34 points 10 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 17 points 10 months ago* (last edited 10 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 9 points 10 months ago

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

[–] rockSlayer@lemmy.world 7 points 10 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 34 points 10 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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[–] Omegamanthethird@lemmy.world 10 points 10 months ago (1 children)

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

[–] SCB@lemmy.world 18 points 10 months ago* (last edited 10 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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[–] krakenx@lemmy.world 9 points 10 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 9 points 10 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 19 points 10 months ago (1 children)

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

[–] nomous@lemmy.world 11 points 10 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 6 points 10 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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[–] Dippy@lemmy.world 6 points 10 months ago (2 children)

Going with C. Without explicit language to the president, they will need to interpret this to mean the president included, which may be up to anyone’s interpretation.

I feel it should, however it could be argued it doesn’t.

who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof

[–] lolcatnip@reddthat.com 14 points 10 months ago (3 children)

It cannot be argued in good faith. Talking about the presidency as an office has been a thing forever, and therefore the president is an officer. He's also an officer just by the plain meaning of the word officer. I never heard one peep to the contrary until people started looking for a way for Trump to weasel his way out of the 14th amendment.

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[–] NocturnalMorning@lemmy.world 85 points 10 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 75 points 10 months ago (3 children)

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

[–] originalucifer@moist.catsweat.com 90 points 10 months ago (12 children)

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

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[–] Aidinthel@reddthat.com 33 points 10 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 44 points 10 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 41 points 10 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 16 points 10 months ago

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

[–] agitatedpotato@lemmy.world 36 points 10 months ago

Sweet, consequences. Cheers Colorado.

[–] Stamau123@lemmy.world 35 points 10 months ago (3 children)

Man, Colorado just can't stop winning

[–] queue@lemmy.blahaj.zone 9 points 10 months ago (2 children)

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

[–] Stamau123@lemmy.world 9 points 10 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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[–] morphballganon@lemmy.world 28 points 10 months ago

Someone in Colorado did their job.

Now let's see how many other states follow.

[–] queue@lemmy.blahaj.zone 24 points 10 months ago (2 children)
[–] morphballganon@lemmy.world 11 points 10 months ago

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

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[–] theodewere@kbin.social 20 points 10 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 32 points 10 months ago (1 children)
[–] agent_flounder@lemmy.world 6 points 10 months ago

Shh! We're not supposed to talk about that.

Err, I mean, what Stargate program?

[–] Silverseren@kbin.social 10 points 10 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 17 points 10 months ago

Fuck the republican traitor filth.

[–] IamRoot@sh.itjust.works 15 points 10 months ago (2 children)

Colorado has 10 electoral votes.

[–] nicetriangle@kbin.social 48 points 10 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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[–] theodewere@kbin.social 5 points 10 months ago
[–] cmbabul@lemmy.world 12 points 10 months ago* (last edited 10 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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