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TL;DR NY Times predicts trump will remain on the ballet and the ruling will likely have a very narrow basis in hopes of achieving unanimous consensus from the court.

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[-] autotldr 8 points 8 months ago

This is the best summary I could come up with:


Chief Justice John G. Roberts Jr. will doubtless seek consensus or, at least, try to avoid a partisan split of the six Republican appointees against the three Democratic ones.

Among them: The justices could rule that congressional action is needed before courts can intervene, that the constitutional provision at issue does not apply to the presidency or that Mr. Trump’s statements were protected by the First Amendment.

“I expect the court to take advantage of one of the many available routes to avoid holding that Trump is an insurrectionist who therefore can’t be president again,” said Nicholas Stephanopoulos, a law professor at Harvard.

“For the sake of the country, we need resolution of this issue as soon as possible,” said Richard L. Hasen, a law professor at the University of California, Los Angeles.

Mr. Trump was disqualified in Colorado and Maine based on Section 3 of the 14th Amendment, which bars officials who have taken an oath to support the Constitution from holding office if they then engage in an insurrection.

On the other hand, leading conservative law professors who have examined the original meaning of Section 3, which was adopted after the Civil War, have recently concluded that it plainly applies to Mr. Trump and bars him from another term.


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this post was submitted on 30 Dec 2023
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