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    210 months ago

    This is the best summary I could come up with:


    Right now, however, I worry that the supreme court’s rightwing supermajority, in its anticipated rush to prohibit states from kicking Donald Trump off the ballot, will turn the constitution into a suicide pact.

    When the court considers that case, the six conservative justices might focus on their concerns about infuriating rightwing voters, their political soulmates, if they rule that the constitution requires that Trump be disqualified as an insurrectionist.

    He unarguably gave “aid or comfort” to the January 6 assault on the Capitol, which was essentially a coup attempt that sought to prevent the rightfully elected president, Joe Biden, from taking office.

    If the supreme court’s six rightwing justices allow Trump to stay on the ballot, they can do so only by turning their backs on the methods of constitutional interpretation that they have repeatedly trumpeted: textualism and originalism.

    But the two constitutional scholars who led the way in arguing that Trump should be disqualified – William Baude and Michael Stokes Paulsen – are highly regarded conservative members of the Federalist Society.

    In decades past, the US supreme court did not shrink from issuing decisions that offended and angered millions of Americans, whether it was enraging many white southerners by barring school segregation in Brown v Board of Education, or infuriating millions of women by overturning Roe v Wade, or angering a wide swath of Democrats by cutting short the vote count to deliver victory to George W Bush over Al Gore.


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