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PaperclipPerfector  4mo ago (text post)   25936 thread views

Culture War Roundup for the week of January 15, 2024

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  1. The Supreme Court isn't in a position to decide whether Trump is ineligible, just whether or not states are individually allowed to make that decision for themselves,

Questions Presented:

Did the Colorado Supreme Court err in ordering President Trump excluded from the 2024 presidential primary ballot?

And to be explicit, from the petition for certorari

The Court should also reverse the Colorado Supreme Court’s holding that President Trump “engaged in insurrection.”

First, the events of January 6, 2021, were not “insurrection” as that term is used in Section 3.

“Insurrection” as understood at the time of the passage of the Fourteenth Amendment meant the taking up of arms and waging war upon the United States. When considered in the context of the time, this makes sense. The United States had undergone a horrific civil war in which over 600,000 combatants died, and the very survival of the nation was in doubt. Focusing on war-making was the logical result...

Moreover, nothing that President Trump did “engaged” in “insurrection.”

SCOTUS could narrow the question, or people could make the argument he was disqualified for other reasons (emoluments fandom go!), but "can Trump disqualified under the terms of Section 3" is absolutely within SCOTUS' ambit and the upcoming oral arguments.

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