• Everythingispenguins@lemmy.world
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    1 year ago

    Nope there is no way this is going to happen. So Trump’s eligibility is going to hit the US Supreme Court. It is litigation on the Constitution itself with more or less zero case law around it. This is the kind of thing that every lawyer dreams of putting their name on. It will hit the US Supreme Court and they will take it. So he will be either eligible or ineligible in all 50 states it will not be peace meal. piecemeal

    Now that doesn’t mean that there won’t be a major independent candidate for some other reasons, but not for this reason.

    • Aniki 🌱🌿@lemm.ee
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      1 year ago

      It is litigation on the Constitution itself with more or less zero case law around it.

      There’s a shit ton of precedent around the 14th.

    • YoBuckStopsHere@lemmy.world
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      1 year ago

      The Supreme Court cannot issue a constitutional amendment, only the States or Congress can do that. It’s going to be extremely difficult to claim the 14th Amendment doesn’t apply to Trump based on the language and the fact that Confederates were barred from office without being convicted. The Supreme Court would be in breach of power to ignore what the Consitution says.

    • ShakeThatYam@lemmy.world
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      1 year ago

      It would be pretty hypocritical given that a third of SCOTUS believes in the independent state legislature theory which pretty much lets states legislatures do whatever they want with regards to federal elections. But, that’s probably not going to stop them siding with Trump.

    • Moobythegoldensock@lemm.ee
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      1 year ago

      And they will say that regardless of the Civil War precedents say, a court needs to determine whether he participated in the insurrection via a conviction.