• @[email protected]
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    fedilink
    110 months ago

    But that’s my point exactly about the law as written leaving open ambiguity. The courts have generally either affirmed the law as written/upheld in case law, struck down parts or entire portions of the law, or bounced lesser issues back to the lower courts.

    There already is a political process for individual, case by case disqualification - impeachment. Congress has already adopted a law regarding disqualification for insurrection, and the courts did not strike down that law in part or whole, despite gutting the enforcement mechanism.

    It’s also not a small group of people deciding to capriciously allow or disqualify people the chance at office. Congress determined that insurrection is a disqualifying offense, as is being too young, or not a citizen. We don’t kick disqualifications for those categories back to Congress for a ‘trial’ but this is being treated differently, because the court is shirking from its traditionally assumed role

    • @aidanM
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      110 months ago

      Congress wrote laws specifying the process specifically of getting on the ballot, those laws preclude age and require citizenship, but I don’t think specify the process for removing an insurrectionist. And I think that because if they did someone would have opened a federal suit of the election commission by now.