Retired federal judge J. Michael Luttig issued a searing rebuke of the Supreme Court’s unanimous decision that Colorado could not disqualify former President Trump from the ballot under the 14…
the states all already have disparate requirements regarding how to get on the ballot: filing deadlines, petition signatures, write in eligibility… How is “verifying against constitutional requirements” any different?
By the logic of that decision, states must allow young candidates to run on the ballot, even if they would not be 35 by the inauguration date, because that is a constitutional requirement that can only be enforced at the federal level.
the states all already have disparate requirements regarding how to get on the ballot: filing deadlines, petition signatures, write in eligibility… How is “verifying against constitutional requirements” any different?
By the logic of that decision, states must allow young candidates to run on the ballot, even if they would not be 35 by the inauguration date, because that is a constitutional requirement that can only be enforced at the federal level.
And foreign-born candidates. In fact, if “shall” means “must be enforced by congress,” you don’t even have to be a US citizen at all.
Obviously such a candidate could be disqualified by congress, but states apparently have no right to disqualify such a candidate themselves.
And I’m okay with that. Let the feds stop it so that it gets oversight.