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this post was submitted on 20 Dec 2023
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Notably, it's part of the matter of fact ruling of the CO courts that Trump committed sedition. It would be VERY uncommon for federal courts to change those matters of fact -- they would instead rule on matters of law.
There's a lot to be said about the flaws in this disqualification. Is the 14th self-enforcing such that courts even have the authority to make a ruling to disqualify? Was there full due process? Why didn't the 14th specifically name POTUS if it named electors of the POTUS as subjects of disqualification? Will the SCOTUS just step in and be a political & lawmaking body because they feel like it as usual?
But it would be VERY weird for the courts to rule "not seditionist". That would surprise even the most cynical legal scholars, I think.