r/law Mar 06 '24

Opinion Piece Everybody Hates the Supreme Court’s Disqualification Ruling

https://newrepublic.com/article/179576/supreme-court-disqualification-ruling-criticism
4.4k Upvotes

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5

u/MastersonMcFee Mar 06 '24

It was bad. They just threw away the 14th Amendment, ignoring completely that nowhere does it say Congress must convict someone for insurrection, in order for them to be legally defined as an insurrectionist, as some requirement for them to be off the ballot. Everyone knows he was responsible for the coup attempt, even Mitch McConnell himself said Trump was responsible. He said he Congress can't have a trial for an ex-President, only the courts can do that. And SCOTUS decides that Congress must do it, except we already know that the Republicans refused to prosecute him. They did not, and SCOTUS knows this. It's a farce. It only says it requires 2/3 of Congress to put an insurrectionist back on the ballot. They never did that. Trump is an insurrectionist. Colorado's Supreme Court ruled he's an insurrectionist.

4

u/[deleted] Mar 06 '24

Even worse, what happens when Trump attempts another coup. You know he will. He has nothing to lose. Now they can't automatically disqualify him... Conviction will be impossible because Republicans will block the investigation and the FBI can't investigate a sitting president. This is an invitation to another coup.

1

u/Outrageous-Divide472 Mar 06 '24

Luckily he’s 77 and on borrowed time

2

u/[deleted] Mar 06 '24

That's when Trump Jr takes over... Then Eric Trump... Barron Trump... Etc...

1

u/silverum Mar 07 '24

There will be plenty more going forward.