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this post was submitted on 04 Mar 2024
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Fascists use institutions to secure and entrench power. They are not restricted by them.
The question for those cheering this decision as a win for the rule of law or the institution is: how aware of this are you?
That's exactly it though - if the court said state judges can enforce laws keeping people off ballots, then you'd have fascists using the courts to secure and entrench power by keeping democrats off the ballot. There's all sorts of zealots on the state courts, if the Supreme Court said this was legal I have no doubt that at least the AL supreme court would quickly find that Biden is guilty of insurrection against god or something and knock him off the ballot there.
Something as big as keeping a presidential candidate off the ballot can't be up to the states, because there's a lot of crazy state governments.
So because we have shit states who race to the bottom means we can't have states control their elections? Ruling by the lowest common denominator is a a recipe for garbage.
We just had a president calling up state leaders to try and reject the winner of the election.
No one took him up on it, primarily because there was no legal basis to do so.
If a state can remove a nominee before the election even starts, that would NOT be good for us. We've seen time and time again how political factions will use any leeway they have to solidify power.
Ideally you'd just challenge a ruling like that and have it thrown out for being meritless and the judge who made it sanctioned. But the supreme court has ruled that judges have absolute immunity for their actions no matter how corrupt, so the best you can do is vote them out of office and then do nothing to them like we're doing here.
The justice system is more concerned with protecting itself than justice and it's the supreme court that's been heading that boat for the last 200 years.
Still that doesn't make their argument not stupid as hell. They have chances to fix it here and just refuse to admit that there's a problem.
The difference is that this isnt a whim...he is legit a criminal traitor who engaged in insurrection and is disqualified by the Constitution. States' rights have nothing to do with any of this.