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It doesn't need to persuade you, and it doesn't need to persuade the voting public. It needs to persuade John Roberts, Samuel Alito, Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas.
The Federalist Society credentialism is probably pretty significant in that regard.
Again, why?
I hate to consensus build, but this seems a pretty transparent 'the definition means what I want it to mean at the time, not consistently applied,' and the argument that the conclusion is self-enacting is just assuming the conclusion in a way that would drastically expand the power of the executive branch vis-a-vis the other branches by creating a precedent that the people who would make the determination can invoke magic words to make the appropriate un-appealable conclusion.
I see no reason why the members you cite would suddenly be onboard with a very expansive and novel interpretation of the executive branch's authority to arbitarily ban opposition politicians for conduct less severe than members of the ruling party that remain in good standing.
Because they are heavily involved in the conservative legal movement, so ideas that gain traction within the conservative legal movement are likely to have traction with them. If this argument was coming from a fringe Marxist or something, I would expect it to carry much less weight among the Republican lawyers that make up the majority of the court. But it's coming from Republican lawyers, written from an explicitly Originalist perspective.
This has nothing to do with executive branch authority. Their argument is that the disqualification is automatic, with no executive act to make it happen.
They are in academia. This is within that community very useful for them because then they can be seen (at least in their minds) as the “good ones.” That doesn’t imply most conservatives will give this the light of day.
And? It's not "most conservatives" who will decide this issue. It's elite Republican lawyers.
Your evidence is a couple of law professors prove that “elite Republican lawyers” support this position? It is a crack pot theory because it proves too much. We could disqualify most people in two of the branches. You should do what most people do with legal academics — disregard what they have to say.
I am not claiming that this one article proves that the Republican justices on the Supreme Court will see the issue the same way. We will have to wait and see. My point is that the specific people that need to be convinced by this argument for it to apply are people very much like the authors and very unlike the average Republican voter.
I don’t think so. They are members of academia. They are in a different sea compared to RNC related lawyers etc.
Barrett at the least was a legal academic prior to her appointment as a judge.
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