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Supreme Court will take up Trump’s eligibility to run for president (www.politico.com)

submitted 6 months ago by return2ozma@lemmy.world to c/politics@lemmy.world

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[-] Makeitstop@lemmy.world 56 points 6 months ago

So, how do you think the Court will justify keeping Trump on the ballot?

What Trump did doesn't qualify as insurrection.
Trump hasn't been convicted of insurrection.
The insurrectionist ban is only for people who participated in the civil war
The ban doesn't apply because presidents aren't officers
The ban doesn't apply because presidents swear to protect the constitution, not to support it
Section 3 can't be enforced without congress passing legislation to enforce it.
It's a political question so courts can't touch it.
Trump being impeached but acquitted after the insurrection means he can't be punished for it due to double jeopardy (I hate that this is an actual argument being made... and that it's not even close to the stupidest one to come from team Trump)

[-] qantravon@lemmy.world 8 points 6 months ago

I think the most sound legal reasoning would be to say he hasn't actually been convicted of any charge that constitutes "insurrection". Conviction is how the government asserts and proves that something happened, and to skip this step opens our legal system for a whole lot of abuse. They're going to say that, if and when he is convicted, then he can be barred, but not before.

[-] itsprobablyfine@sh.itjust.works 14 points 6 months ago

The people the this amendment was specifically targeting weren't convicted of anything.

[-] thecrotch@sh.itjust.works 4 points 6 months ago

If I'm not mistaken they were even blanket pardoned

[-] scottywh@lemmy.world 1 points 6 months ago

This is true but if there's any possibility that SCOTUS rules in trump's favor that will be the only semi logical way they could do it.

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this post was submitted on 05 Jan 2024

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