The bigger news isn’t that he’s back on the ballot, but the 5-4 split within the unanimous ruling.
They unanimously agreed that a state Court can’t ban someone from election to a federal office based on federal rules. There’s something to be said for that, which is why the liberal justices were all on board with it.
The 5-4 split with the separate opinions, however, was Thomas, Alito, Robert’s, Kavanaugh, and Gorsuch saying that federal courts also can’t ban someone from holding office for insurrection even if convicted of the crime in a federal court.
They’re setting up Trump to be eligible to be elected President even if he loses the insurrection trial prior to the election. They’re saying only Congress can ban him from office for insurrection.
The liberal justices wrote a heated rebuke of that in their concurring opinion, and Barrett sided with the liberals, but scolded the liberals for being too mean about it in her standalone concurring opinion.
The bigger news isn’t that he’s back on the ballot, but the 5-4 split within the unanimous ruling.
They unanimously agreed that a state Court can’t ban someone from election to a federal office based on federal rules. There’s something to be said for that, which is why the liberal justices were all on board with it.
The 5-4 split with the separate opinions, however, was Thomas, Alito, Robert’s, Kavanaugh, and Gorsuch saying that federal courts also can’t ban someone from holding office for insurrection even if convicted of the crime in a federal court.
They’re setting up Trump to be eligible to be elected President even if he loses the insurrection trial prior to the election. They’re saying only Congress can ban him from office for insurrection.
The liberal justices wrote a heated rebuke of that in their concurring opinion, and Barrett sided with the liberals, but scolded the liberals for being too mean about it in her standalone concurring opinion.