I am having so much trouble with CJ Roberts vs. Alito vs. Gorsuch vs. Kavanaugh voices. They need to identify themselves!
#uspol #politics #uspolitics #trump #14th #insurrection #law #lawfedi #legal #supremecourt #SCOTUS
I am having so much trouble with CJ Roberts vs. Alito vs. Gorsuch vs. Kavanaugh voices. They need to identify themselves!
#uspol #politics #uspolitics #trump #14th #insurrection #law #lawfedi #legal #supremecourt #SCOTUS
J. Kagan: The question you have to confront is why does CO get to decide who can be president of the whole United States? If you are from #WISCONSIN (I SEE YOU!) couldn't you have a problem with that?
CO Lawyer: No because this court will settle the issue for the nation.
#uspol #politics #uspolitics #trump #14th #insurrection #law #lawfedi #legal #supremecourt #SCOTUS
Kagan: I am asking you to go further, why should this be the right rule. That one state can decide this for everyone, as a principle.
CO Lawyer: Other states would still need to determine what the effect of this ruling would have on affirmation.
Barrett: yeah, but I mean, really. It will have the effect of CO deciding.
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Barrett: You are arguing for clear error. Are we not stuck with the factual record from CO then? Deciding this for the whole country? What if the record *wasnt* great?
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CO Lawyer: Ordinary clear error review applies, but sometimes on constitutional question with need for uniform resolution, there can be independent review (we have no objection to that)
Barrett: You want us to review de novo, without *any* deference to the lower court?
CO Lawyer: The factual record isn't really in dispute. Its made of Trump's own statements.
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Justice Gorsuch: This isn't the disqualification clause, the age, residency, etc. This is under Section 3, so the authority has to come under Section 3?
CO Lawyer: Under Article II is the grant of authority, to select presidential electors as they see fit, that they can apply Section 3 in that process.
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Justice Gorsuch noting that this is the only disqualification that can be removed. How should that inform the Court?
CO Lawyer: The fact that Congress has an extraordinary removal of disqualification power doesn't mean that the disability doesn't change their current status as disqualified. And state law doesn't permit the current status of disqualification from running.
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C.J. Roberts: Insurrection is a broad term. And then this Court will be determining whether insurrection occurred or not? When do we determine which states are valid in the election process? And we'd need to adopt rules for that process?
CO Lawyer: ... yes... that is generally what this Court does when interpreting Constitutional provisions (he said it nicer).
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