The 22nd amendment states “No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.”
Quantifying that, if he won in 2020, that would mean that he’s been elected more than twice, making this upcoming term invalid. Couldn’t the Democrats just say that he won in 2020, and then tell him he can’t be president this time? What would be the repercussions to what Biden has done if that were to happen? What else am I missing? I’m hoping the hive mind here can help me be better informed.
You are probably correct. I mean, in reality neither is true until and unless the SCOTUS were to weigh in (so, just take a wild guess at what they’d choose?), but I would bet that’s the justification they would use.
I think its just a 9-0 ruling that “claiming to have won an election” does not equate to being “elected” in the legal sense. It’d be silly even for the liberal justice to say he’s ineligible, because of his claims that he won.