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this post was submitted on 29 Feb 2024
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I am less concerned with the SCOTUS ruling that a national party nominee is disqualified from a ballot in a state he'll almost certainly lose than I am with a ruling that some court in Florida or Arizona or Georgia can pull the same shit on Biden.
Very easy to see this become one more trick one-party states can pull to remove popular opponents from the ballot in close election years. And I would be very concerned if an Alito court authored an opinion in which this kind of thing was normalized.
I'm not afraid of bad faith attempts to ruin democracy as backlash from this decision because bad faith attempts to ruin democracy are coming regardless of the outcome of this particular case
Exactly. This constant handwringing is so tiresome.
They WILL try it, regardless of precedent.
Bush pulled a bullshit card in 2000 and it worked
And were still paying for it. So did Regan, and Nixon. Its just a pattern at this point
I think it's important to point out that they had a riot in Florida to stop the recount. The RNC paid for it, and they bragged about using the threat of violence to stop the recount. Google Brooks Brothers riot. In the last 30 years Republicans have had more riots to try to ignore the vote than they've had popular vote winners. The end of democracy is their only chance going forward, they know it and they're open about the fact that they're trying to make it happen.
To rephrase the excellent point made: Its short sighted to think suffering no consequences for crimes will encourage the MAGA criminals to not do more bad faith crimes.
We either legitimize their actions by witholding consequences or we attempt to give them consequences and they claim their next scheme is retaliation for the consequences rather than retaliation for something entirely fabricated (ex: "stolen election" bullshit)
I have no doubt. But I'm not in a rush to open a new can of worms, when there's no discernible benefit.
Let me know if a court in Michigan or Ohio or Pennsylvania yanks Trump off the ballot. Then we can talk.
Upholding the constitution is a discernable benefit.
From "No Treason, The Constitution of No Authority" by Lyndard Spooner, discussing the fundamental failures of the document when confronting the horror of the antebellum South.
There's always a new can of worms.
And so we decide to let tyrants through so that their party doesn’t have made up and twisted precedent to try to disqualify qualified candidates? It’s not like the GOP need or care about precedent anyway. If they want to try and do it they’ll try and do it. Booting someone like trump who has done what trump has done is a legitimate implementation of the law and the right thing to do.
We don't decide. A few Ivy League JDs in robes get to decide. The decision on whether to list a particular candidate on the ballot is, inherently, undemocratic.
State governments don't need any more tools in the chest to decide who can and cannot appear on a ballot.
I agree. But he's not the only one who will get booted off under this rule. We both know it.
‘This rule’ being the 14th amendment? The one in the constitution? We should just ignore it so that the bad guys don’t try to use it illegitimately when we know they will anyway?
"This rule" being the judicial decision that invokes the 14th amendment.
You're free to do as you please, but it won't matter unless you're one of the Big Nine.
What are you doing to do if the SCOTUS rules in Trump's favor, other than pounding sand?
What would the argument be for eliminating Biden though? Biden hasn't committed insurrection. Trump has.
They don't need facts. They'll say failing to secure the border is equivalent to an insurrection, or some such bullshit
The point is, I think, to try and falsely equivocate the two things so they appear similar enough that people won't raise too big of a fuss if Biden is removed for illegitimate reasons, because they somehow believe the same thing happened with trump.
It might be prudent to require an actual conviction of one of a specific lists of crimes, but that leaves Trump in for a bit longer
I don’t know what grounds they used but I don’t think Trump has been convicted yet