SWITCHING SIDES
#uspol #politics #uspolitics #trump #14th #insurrection #law #lawfedi #legal #supremecourt #SCOTUS
SWITCHING SIDES
#uspol #politics #uspolitics #trump #14th #insurrection #law #lawfedi #legal #supremecourt #SCOTUS
CO Lawyer: For the first time, a sitting president of the United States incited a riot and engaged in insurrection. He is disqualified from public office.
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CO Lawyer: There is no rationale for an exemption for President that doesn't apply to any other office under Section 3.
This case does not come down to mere prepositions. Officers "under" versus "of" the United States.
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CO Lawyer: States have always had a role in preventing disqualified candidates from running.
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J. Thomas: Do you have examples of states disqualifying national candidates?
CO Lawyer: Only example is governor of Georgia in 1800 (something). There are few examples though because there were not ballots in the same way that we have now. No pre-election process like we have now to check.
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Thomas: After reconstruction and during period of redeemers, you'd expect that kind of conflict and at least a few examples, would you not?
CO Lawyer: There are Congress refusing to seat...
Thomas: That isn't the state.
CO Lawyer: No, but it isn't surprising.
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Thomas still asking for examples.
CO Lawyer: The historical record shows the federal and state governments both would step in. The difference is that the elections were run differently. They didn't use the power to regulate presidential elections until after amnesty to the confederates.
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CO Lawyer: Article II gives states broad power to states to determine presidential elections, which grants them power of disqualification determinations.
C.J. Roberts (??): That is under the 14th Amendment, no?
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I am having so much trouble with CJ Roberts vs. Alito vs. Gorsuch vs. Kavanaugh voices. They need to identify themselves!
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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.
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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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