SCOTUS Takes Up the Trump Insurrection Ballot Ban Case
They're taking up the Colorado case - and their ruling will almost certainly apply to other state rulings as well (such as Maine).
What do I think SHOULD happen?
Trump should be barred from ever serving in federal office again.
What I think WILL happen? The Roberts Court has been pretty spineless. Remember how it decided ObamaCare? By twisting the meaning of the individual mandate as a "tax" instead of a requirement to purchase a product from a business.
So I believe that SCOTUS will avoid the Colorado ruling that the prohibition on holding federal office under the insurrection clause of the 14th Amendment applies to the president and vice president (as "officeholders), as well as avoiding the Colorado ruling that Donald Trump did indeed take an oath to uphold the Constitution despite the word play defense his lawyers offered.
What they will do is allow Trump to remain on the ballot by saying Trump hasn't (yet) been convicted of insurrection (never mind that he gave support to those that did), perhaps kicking the can to Congress for that interpretation.
The Court knows there isn't time for such a criminal conviction of Trump to happen before the election and they know a divided Congress won't be able to do anything either.
Do they feel Trump is a danger to democracy? No doubt they do. But they will figure, like the Court did with ObamaCare, the next election will decide it, one way or the other, and make everything about Trump mute, one way or the other.
The problem with that is that if Trump were to win, it may be the LAST free election we will have.
What do I think SHOULD happen?
Trump should be barred from ever serving in federal office again.
What I think WILL happen? The Roberts Court has been pretty spineless. Remember how it decided ObamaCare? By twisting the meaning of the individual mandate as a "tax" instead of a requirement to purchase a product from a business.
So I believe that SCOTUS will avoid the Colorado ruling that the prohibition on holding federal office under the insurrection clause of the 14th Amendment applies to the president and vice president (as "officeholders), as well as avoiding the Colorado ruling that Donald Trump did indeed take an oath to uphold the Constitution despite the word play defense his lawyers offered.
What they will do is allow Trump to remain on the ballot by saying Trump hasn't (yet) been convicted of insurrection (never mind that he gave support to those that did), perhaps kicking the can to Congress for that interpretation.
The Court knows there isn't time for such a criminal conviction of Trump to happen before the election and they know a divided Congress won't be able to do anything either.
Do they feel Trump is a danger to democracy? No doubt they do. But they will figure, like the Court did with ObamaCare, the next election will decide it, one way or the other, and make everything about Trump mute, one way or the other.
The problem with that is that if Trump were to win, it may be the LAST free election we will have.
36-40, FVIP
