We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.
To be fair, the government has always set criteria for being on the ballot. For example, to be US president you have to be at least 35, a natural citizen, and have live in the states for at least 14 years.
Not being an insurrectionist is also part of that criteria. We’ve just never had a presidential candidate that has needed us to consider that part of the constitution.
I don’t like the guy, but I like even less the government deciding to take candidates off the ballot.
The opinion: https://www.supremecourt.gov/opinions/23pdf/23-719_19m2.pdf
To be fair, the government has always set criteria for being on the ballot. For example, to be US president you have to be at least 35, a natural citizen, and have live in the states for at least 14 years.
Not being an insurrectionist is also part of that criteria. We’ve just never had a presidential candidate that has needed us to consider that part of the constitution.
If the person committed a crime that exempts them from the ballot- I absolutely want them removed.
If conservatives want to try and prove innocent men and women need to be removed- I want them to try it in court.
Denying the ability to follow the law outright out of fear of what the other side will do is essentially negotiating with terrorists.
Think of it this way. It’s not that the government is trying take an eligible person off the ballot, but it’s clarifying the ineligibility criterion.