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Supreme Court restores Trump to ballot, rejecting state attempts to ban him over Capitol attack (apnews.com)

submitted 8 months ago by GiddyGap@lemm.ee to c/politics@lemmy.world

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[-] Milk_Sheikh@lemm.ee 11 points 8 months ago* (last edited 8 months ago)

Unfortunately not a new power grab, they’ve long held that their judicial review is sacrosanct, and they get to pick and choose not just the cases they hear, but also what issues within that case they feel like ~~legislating~~ reviewing. Same again here, the RNC asked three questions and they left most of it wellll alone:

The Questions Presented are:

Whether the President falls within the list of officials subject to the disqualification provision of Section Three of the Fourteenth Amendment?

Whether Section Three of the Fourteenth Amendment is self-executing to the extent of allowing states to remove candidates from the ballot in the absence of any Congressional action authorizing such process?

Whether the denial to a political party of its ability to choose the candidate of its choice in a presidential primary and general election violates that party's First Amendment Right of Association?

#1 & 3 were completely ignored because they’re only willing to craft big ~~legislation~~ opinions on conservative/originalist topics, but “show respect for the lower courts” when it’s convenient for SCotUS

They focused in on the state w/o congress aspect of #2, because it’s the weakest part of the Colorado case unfortunately, and allowed this fig-leaf opt out on disqualification being kicked back to Congress

this post was submitted on 04 Mar 2024

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