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this post was submitted on 04 Mar 2024
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This is a shit take. This ruling is not saying "Trump did nothing wrong", this is specifically saying "States cannot unilaterally decide to remove federal election candidates from ballots", which I completely agree with. As others have noted, it would open the doors to so much bullshit if this were allowed.
The SC could come out tomorrow and say "We're disqualifying Trump", this doesn't preclude that.
States have always had that power. Whether its age, naturalization, or oath-breaking, it's never been up to the federal government to decide disqualification.
Now they do not, as outlined by the supreme court this morning. You can disagree with the ruling all you want, but that doesn't make the premise that "the SC has no problem with insurrectionist behavior!" any less stupid. It's a fallacious premise.
Consider the fact that there is more than one grounds for disqualification. For president, there are also age and naturalization disqualifications.
Who do you think has been determining those all these years?
You're getting further and further away from your original, still ridiculous statement that the SCOTUS has no problem with you storming the building.
That is what is known as "sarcasm". I wasn't sincerely calling for violence against the Supreme Court, but rather drawing attention to their hypocrisy.
It's up to Congress to decide if someone is guilty of federal insurrection, not the states.
Edit: I see the downvotes, but I don’t see replies. I thought this was a place for reasoned debate, but it’s as bad as r/politics where anything regarding the orange man is concerned.
On the contrary, Congress is expressly forbidden from deciding whether someone is guilty of a crime.
IMPEACHMENT has entered the chat.
Impeachment is expressly not a criminal procedure. It can't result in prison or fines, nor can it can't be pardoned by the President.
But it is the process by which a candidate can be removed from the ballot.
So if you want to go with Trump is criminally guilty of insurrection, and therefore ineligible to be on the ballot, when and where was the trial?
Being convicted of a crime doesn't disqualify anyone; people have run for President from prison. And most of the people who attacked Congress on Jan. 6 would not be disqualified for it even if they are convicted of a crime for it.
Disqualification is not a criminal punishment. It's not a crime to be 34 years old, for example, or to have been born in another country. But those are still disqualifications, and they are and always have been enforced by the states.
https://www.npr.org/2023/11/18/1213961050/colorado-judge-finds-trump-engaged-in-insurrection-but-keeps-him-on-ballot
One judge "finds" he did it. What a lovely country we would have if that's all it took. No defense, no evidence needed. Just a judges opinion.
Short slope to a work camp. Maybe we could sort of concentrate all the people we disagree with in one.
All fair points that still ignore the guy who tried to overthrow the country where absolutely nothing was done about him, to hold him accountable.
If the feds are saying only they can protect the country from all enemies orange and domestic, there’s about 80 million active voters who might, uh, decidedly disagree. As opposed to some other adverb.
Textbook Sealion
States remove federal election candidates for eligibility reasons all the time. Trump is yet again getting special treatment.
[citation needed]
List one federal candidate a state successfully removed (that wasn't convicted in a federal court, or died before the election.)
Edit: I see the downvotes, but I don't see a name. I thought this was a place for reasoned debate, but it's as bad as r/politics where anything regarding the orange man is concerned.
https://ballotpedia.org/Presidential_candidates,_2020
Every state has a different number of candidates on their ballot, because every state has different requirements to be on their ballot. Is this ruling going to require every state to accept every candidate? Even those with no chance of winning? Who should decide when someone has no chance of winning? (Silly question, it's the state, of course.)
States are generally free to decide their own candidates for State level elections.
Federal elections are subject to Federal law and the Federal Constitution. A State just deciding someone is disqualified based on their interpretation is both unconstitutional and incredibly stupid. It was always going to SCOTUS and it was always going to be decided this way.
Me, I don't want to live in a country where ANY level of government can just decide you are guilty of something without due process. And that's what these states tried to do. The mad downvoters lack critical thinking ability and are going off emotion.
This is all a moot point. Trump simply does not qualify.
It's just like he was 34.
He cannot hold that office. What the states do is irrelevant.
Trump got due process through the congressional investigation that found he engaged in insurrection with a bi partisan panel.
Nowhere does the Constitution even say due process is needed here.
This is not a punishment. Trump has no right to run for president.
He has to qualify.
He does not qualify.
You didn't look at the link, did you? There's a map that shows the number of presidential candidates on the ballot in each state. If the federal government was in charge of presidential candidates, wouldn't all those numbers be the same?
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States have been doing this for 232 years. It is wild that it's suddenly now not Constitutional. Especially when the Constitution has this to say on the matter.
So what law is there?
And why the fuck is SCOTUS inserting itself into the electoral process again? It's not mentioned anywhere in that section for a reason. If SCOTUS can influence elections then they can influence appointments and regulations about them, which makes the entire checks and balance system a dead letter.
Only those thrown off the ballot using section 3 of the 14th amendment. Ballot access requirements in general have been before the court many times before and upheld generally, while some have been struck down when excessive or discriminatory.
It's legal to say something like all candidates must get signatures equal to 3% of the number of voters for the office in the last election in order to be on the ballot. It's illegal to say something like black candidates must get signatures of 15% of voters.
Funny. Have you read the ruling? They absolutely do not stop at section 3 of the 14th. They are over turning 200 plus years of precedent in which states disqualified ineligible candidates.
They opine that there is no bar to campaigning, just holding office. And that any disqualification must therefore come after the election, via a federal law or congressional framework.
Which is fucking ridiculous.
They use procedural reasons all the time. It's why ballot access is a huge deal to third parties, and they still have to sue some state or another every election.
Abdul Hassan, Colorado, 2012.
And I'm not a genie. I don't wait here for your every request. The fact that I got back to this inside an hour is a miracle. So maybe less of the "woe is me!" Routine next time?
https://www.inquirer.com/politics/clout/green-party-presidential-candidate-off-pennsylvania-ballot-20200917.html
The Green Party, 2020 election. State supreme Court removed them from the presidential election ballot for errors in paperwork that... Are honestly entirely bureaucratic nightmare to read.
Not the first or last time there have been state based hearings in court to remove candidates especially Green Party. States decide their own ballots all the time. Heck apparently now is a great time to add your name to a federal election ballot since you can't be removed by the state.
We should make the ballot 12 pages long with every single vague or minor party enforcing they can't have their name removed running for any federal position.
Arguably states unilaterally removing a candidate from the ballot is a major paving stone on the road to the civil war, when Lincoln won because of the split pro slave vote the south blew a gasket because it only just hit them then that everyone else had enough electors among them to ignore the south completely.
The idea that we have to let an insurrectionist campaign and win before disqualifying them is far worse. It would instantly lead to massive protests and violence from whichever party had that happen to them. If you want to avoid civil war then denial must happen early if at all.
A lot of the Constitution assumes a level of good faith that just no longer exists among Republicans. Anyway, by my read Colorado can still make it a state law and be totally fine since there would be no conflict, they just can't use the 14th Amendment.
Ultimately, it's a stupid decision based on stupid facts, the worst kind. He hasn't yet been found guilty of insurrection, let alone in that state, so they're just sort of declaring it's true via a lesser standard. While it absolutely is true, it's asinine to use an amendment that otherwise protects fucking criminal due process to then declare in a civil case someone a criminal and disqualify them from office.
It's not a State Law they're using to remove him. It's federal election laws. It's in the Fourteenth Amendment to the United States Constitution which was adopted on July 9, 1868, as one of the Reconstruction Amendments. They even specifically discussed if a President should have an exception and decided it did not. The Supreme Court is choosing NOT to enforce the US Federal Constitution!
On the other hand, I could definitely see a bunch of red-controlled states deciding to remove Biden (or future Dem candidates) for whatever bullshit reason in the future, so while this ruling isn't necessarily consistent with current practice it at least doesn't open the door to that.
Except that R's are already pretty cool with being inconsistent about what is our isn't allowed, which is how we got certain members of the SC in the first place...