Supreme Court Puts Trump Back on the Ballot

[Res Ipsa]

The Supreme Court has unanimously ruled that states cannot bar a candidate for federal office from the ballot based on the 14th amendment. https://www.supremecourt.gov/opinions/2 ... 9_19m2.pdf

All nine Justices agreed on the holding. However, the five Justices that signed the majority opinion did something the Court is not supposed to do: rule on issues not before it. The only issue before the Court was whether the states had the power to bar a presidential candidate from the ballot under the 14th Amendment. The majority went on to hold that only Congress has that power. As a result, the opinion also bars federal courts from removing candidates from the ballot. This provoked a concurring opinion from the three liberal justices and a "can't we all just get along" concurrence from Justice Coney-Barrett.

[Dwight]

I'm not surprised, but my reading is that 14th section 3 says how congress can override the disqualification with a 2/3rds vote. To me that would say it is self-executing and congress doesn't have to proactively apply it, which my reading of the opinion suggests. I could be wrong but I don't see that Colorado so much as removed Trump as they had a case that established that to the State of Colorado Trump participated in insurrection and was thus subject to the 14th. Though I sort of get that it might be difficult and another can of worms if each state has their own cases to decide versus something at the federal level. There is also splitting hairs between "holding office" and "running for office". I guess if somehow the Democrats have simple majorities, or with some defectors, they could prevent Trump from holding office, since they are seated first. Of course the chaos of doing it at that point would almost be worse than another four years of Trump.

[Doctor CamNC4Me]

in my opinion, it’s the right decision. Can you imagine the chaos that would ensue if states could restrict who could and couldn’t run for President? It’s proper for Congress to decide specific rules, like not allowing any insurrectionists to run for President, otherwise we might get insurrections more often than not.

- Doc

[yellowstone123]

To be President one must:

1) be born in the United States;
2) be 35 years of age;
3) have been in the USA the last 14 years.

I don’t want Trump or any on the fringe right to run, especially with Ukraine and the Gaza in flames. Also, when a person gains the presidency he or she brings in a machine - off the radar; 25 plus yes man or yes woman with blind obedience who will carry out his orders.

Some may say thanks to Biden, the world is more unstable and I don’t want Trump in the presidency if that’s the case. Plus, who would work for Trump. Past military generals and governors who saw the writing on the wall quickly submitted their resignations and found other work. Since DeSantis is gone, who was my favorite, put governor Abbott of Texas and Governor Sununu of New Hampshire on a last minute ballot at the convention. We are at a point where the world is falling apart and anyone who goes for the clowns Trump and Biden may watch civilization break down.

The Republican Party can build a new golf course for Trump, replace his golf cart with a new jeep and give him unlimited coupons for McDonalds.

[Bret Ripley]

in my opinion, it’s the right decision. Can you imagine the chaos that would ensue if states could restrict who could and couldn’t run for President?

This is my initial reaction as well, even though his presence on the ballot is an uncomfortable reminder that sometimes America is just a lie we tell ourselves.

[Res Ipsa]

I'm not surprised, but my reading is that 14th section 3 says how congress can override the disqualification with a 2/3rds vote. To me that would say it is self-executing and congress doesn't have to proactively apply it, which my reading of the opinion suggests. I could be wrong but I don't see that Colorado so much as removed Trump as they had a case that established that to the State of Colorado Trump participated in insurrection and was thus subject to the 14th. Though I sort of get that it might be difficult and another can of worms if each state has their own cases to decide versus something at the federal level. There is also splitting hairs between "holding office" and "running for office". I guess if somehow the Democrats have simple majorities, or with some defectors, they could prevent Trump from holding office, since they are seated first. Of course the chaos of doing it at that point would almost be worse than another four years of Trump.

It really can't be self-executing (although lots of people have argued that it is). Someone has to decide whether the provision applies to a particular individual. There are lots of possibilities. As the majority opinion argues, letting states decide is probably the least consistent with the language, as the entire amendment is about restraining the power of the states. As we have a federal crime called "insurrection," it would have made more sense, in my opinion, to have the disqualification apply upon criminal conviction for insurrection. But I agree with the concurring opinion -- that issue should have been left for another day.

[Res Ipsa]

To be President one must
1) be born in the United States;
2) be 35 years of age;
3) have been in the USA the last 14 years.

I don’t want Trump or any on the fringe right to run, especially with Ukraine and the Gaza in flames. Also, when a person gains the presidency he or she brings in a machine - off the radar; 25 plus yes man or yes woman with blind obedience who will carry out his orders.

Some may say thanks to Biden, the world is more unstable and I don’t want Trump in the presidency if that’s the case. Plus, who would work for Trump. Past military generals and governors who saw the writing on the wall quickly submitted their resignations and found other work. Since DeSantis is gone, who was my favorite, put governor Abbott of Texas and Governor Sununu of New Hampshire on a last minute ballot at the convention. We are at a point where the world is falling apart and anyone who goes for the clowns Trump and Biden may watch civilization break down.

The Republican Party can build a new golf course for Trump, replace his golf cart with a new jeep and give him unlimited coupons for McDonalds.

I think it would be fair to say that the 14th amendment added a qualification: not have committed insurrection.

[Res Ipsa]

In my opinion, it’s the right decision. Can you imagine the chaos that would ensue if states could restrict who could and couldn’t run for President?

This is my initial reaction as well, even though his presence on the ballot is an uncomfortable reminder that sometimes America is just a lie we tell ourselves.

Agreed. Although it wasn't before the Court yet, remember that Cook County voted to take Trump off the ballot. So, we'd have the chaos of county by county determinations of whether Trump could be on the ballot. I think we have to give the drafters of the amendment enough credit to conclude that they didn't intend that kind of chaos.

[Dwight]

I can hate it and still accept it was going to be the outcome. I can also see why deciding the other way is problematic.

Relatedly it feels like the Supreme Court would cause the least chaos if they decided the presidential immunity sooner rather than later.

[yellowstone123]

To be President one must:

1) be born in the United States;
2) be 35 years of age;
3) have been in the USA the last 14 years.

I don’t want Trump or any on the fringe right to run, especially with Ukraine and the Gaza in flames. Also, when a person gains the presidency he or she brings in a machine - off the radar; 25 plus yes man or yes woman with blind obedience who will carry out his orders.

Some may say thanks to Biden, the world is more unstable and I don’t want Trump in the presidency if that’s the case. Plus, who would work for Trump. Past military generals and governors who saw the writing on the wall quickly submitted their resignations and found other work. Since DeSantis is gone, who was my favorite, put governor Abbott of Texas and Governor Sununu of New Hampshire on a last minute ballot at the convention. We are at a point where the world is falling apart and anyone who goes for the clowns Trump and Biden may watch civilization break down.

The Republican Party can build a new golf course for Trump, replace his golf cart with a new jeep and give him unlimited coupons for McDonalds.

I think it would be fair to say that the 14th amendment added a qualification: not have committed insurrection.

I agree 100%. Where does high crimes and misdemeanors fall in or maybe that is for something else? Regarding the insurrection: Is that issue still being heard by the courts? I haven’t heard about it much on internet news sites. Was the second indictment from the house about the insurrection? I don’t think the senate voted to convict. They sure went after the little people. They shuffled the face antler horns guy right through some type of court even though some people question his need for mental health treatment prior to the case moving forward and he needed proper legal representation which on closer examination appears he did not get, based on the attorney not bringing up the need for a court appointed psychiatrist to examine him and make a recommendation.

I will say that I did my best work at my old job when the criminal history showed three arrest in the past five years and in California it’s 11350 of the Health and Safety code for crystal methamphetamine. The dad would say I never used drugs. Even my dumb as a rock coworkers and supervisors would look and say no conviction, close the case. Look, District Attorney rejection First I know the courts that hears the cases and the burden of truth is a preponderance of evidence - 50.1 %. I would have different police clerks fax me the reports. I would look if the father was arrested with anyone. It was always a yes. I would call the DMV and get the addresses of those people. Many times I had to go to San Diego from Los Angeles or to Fresno. Once I contacted the individual many times they would be angry at the father for different reasons but then my ears perked up when he said that he and the father did rock every day for 2 years. I would cite him and the others into court if they had information for the next hearing. I would have them give testimony to a squirming father sitting next to his lawyer. I would send in an amended petition saying count: 9 so and so’s father is a frequent user of drugs and such history without treatment would place so and so at risk for harm if placed in the father’s care. Most of the time it was with the mothers who had six kids from three different father, two in state prison, one dead.

It’s always nice to have 3 moves to the father or mother’s one new move. It reminded me of Bobby Kennedy meeting with a Southern governor who said, see all those national guardsmen who are under my command, not one colored kid will enter the school. Bobby Kennedy would say give me a minute and go and talk to the guardsmen. When he came back to speak to the governor he would say, see those national guardsmen, I just deputized all of them as deputy U.S Marshalls and now they follow my orders and they did few escorting the children, who under a barrage of hate speech from hundreds of white students stepped into their new classrooms. The children were the bravest of the brave and I’m sure Bobby Kennedy had a lot more moves for that governor.

I wonder what moves they have for Trump and what court they will choose and the burden of evidence that that the government would like to present.

I’m sure, almost thankful something will happen. But Trump has tigers as lawyers and will try to ensure the case settles with non-disclosure agreements or argue why such evidence should not be admitted.