In the justices’ biggest election case since Bush v. Gore, the court will be weighing arguments over whether Trump is disqualified from reclaiming the White House.
There is a near 0 chance SCOTUS will rule beyond what is in front of them. And in this case that is the question if the states have the right to keep candidates off the ballots for the federal election based on article 14 section 3 as this is the justification that was chosen by colorado.
The subjects that will not be touched in this case:
what defines an insurrection?
what does it mean to “engage in” an insurrection?
did trump meet the above requirements?
It is an interesting question, as this asks if the states have the right to determine the answers to the 3 questions above for themselves.
And this is what the main questions today seemed to be about. Because a "yes, states can define this themselves’ would lead to potentially different answers based on the states… and that seems to be an undesired outcome.
The probable outcome is “no states cannot decide” I doubt they will even a sweet “if not states then who” but probably congress. But then…if congress decides… why can they decide to overrule with 2/3 majority?
And how would this then have worked during the post civil war era? As I said… interesting… I’m curious how SCOTUS will answer… especially the motivation.
And this also allows the conservative judges to leave the 3 questions unanswered for another day…
There is a near 0 chance SCOTUS will rule beyond what is in front of them. And in this case that is the question if the states have the right to keep candidates off the ballots for the federal election based on article 14 section 3 as this is the justification that was chosen by colorado.
The subjects that will not be touched in this case:
It is an interesting question, as this asks if the states have the right to determine the answers to the 3 questions above for themselves.
And this is what the main questions today seemed to be about. Because a "yes, states can define this themselves’ would lead to potentially different answers based on the states… and that seems to be an undesired outcome.
The probable outcome is “no states cannot decide” I doubt they will even a sweet “if not states then who” but probably congress. But then…if congress decides… why can they decide to overrule with 2/3 majority?
And how would this then have worked during the post civil war era? As I said… interesting… I’m curious how SCOTUS will answer… especially the motivation.
And this also allows the conservative judges to leave the 3 questions unanswered for another day…