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PaperclipPerfector  4mo ago (text post)   29095 thread views

Culture War Roundup for the week of December 18, 2023

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Yeah, looking at this after sleeping on it, I'm less satisfied with my analysis than I was. In addition to being a pragmatist, Roberts has a tendency to aim for narrow, technical rulings, and if he can remand this in a way that (as you say) "punts on the ugly questions" I could see him pushing for that route. I agree that US Term Limits is a bad fit simply because we're in the wrong Article with this case. But the fact/law distinction on the question of insurrection potentially tees up the Court to either do Trump or his opponents a huge rhetorical favor, no matter the legal result.

I wouldn’t worry about changing your mind. It seems like a few people dunked on you with what you now agree are better arguments. On new debates having wrong arguments is part of a process of getting to what you later believe are better arguments.

For old issues (Ukraine, Hunter’s laptop, etc) I hate when I get sucked into debates because the issues have already been litigated and sides staked. For new debates you are working thru the arguments that will be made and my gut says your argument will be the one made in favor of the ruling so it did need to be expressed.

If the court decides for Trump on the grounds that the clause is not self-executing, they can simply vacate the rest of the findings. This seems like a Roberts thing to do... though finding that the Colorado Supreme Court can do as it likes with elections and he won't second-guess them ALSO seems like a Roberts thing to do.

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