But that district court judge, Sarah Wallace, ultimately ruled that Trump could remain on the ballot because she said it was not clear that the drafters or ratifiers of the 14th Amendment intended to cover the presidency in the insurrection clause.
This part really pissed me off. The 14th amendment is pretty clear that it refers to any and all people. Is it just me, or is judge Wallace implying that it isn’t clear that the founders believed the president is a person?
Wallace’s decision was brilliant legal maneuvering. Having found Trump factually guilty of insurrection, higher courts cannot re-adjudicate or dismiss that fact. It is now written in stone.
Given that this case was going to be appealed, no matter what, her decision basically dropped an anvil on Trump’s head. Now SCOTUS cannot disregard the fact that Trump engaged in insurrection. They’re stuck with that, that’s how our law works. Bet Trump’s defense is pissed off.
Only way out now is some serious legal acrobatics to say that 14th does not apply to POTUS. LOL, he’s fucked.
And remember, this court is conservative, not partisan. These judges owe neither the GOP nor Trump a damned thing. I’d bet you a crisp $20 bill that, like the GOP leadership, every one of them loathes the man. And unlike the GOP leadership, they no longer have to worry about votes.
They’ve already declined to hear one Trump case (maybe two?), thereby kicking his loss back to the lower court. Where, ya know, he already lost. They also told Alabama to go fuck themselves on their redistricting shenanigans.
tl;dr: Wallace ruled this way on purpose to fuck Trump.
Everything you say would also be the case if she hadn’t come up with the bullshit about not applying to the presidency. That was simply about keeping the maga crosshairs off of her.
Clarence Thomas seems to like Trump just fine; he and his wife were being very shady after the 2020 election.
The idea that this court is “not partisan” is frankly one of the most naïve things I’ve heard in a long time.
Literally, this scotus makes up its own facts all the time to get to the outcome they want. Go look into the quiet prayer that football coach was doing (it wasn’t quiet).
They literally don’t give a shit anymore about any rule. Standing doesn’t matter, facts, anything. If they just think they need to stick their stupid fucking faces into something they just go with their major questions bullshit now.
what has confused me about people saying this is, well, what exactly stops the supreme court from overriding him being declared factually guilty of that? Im guessing theres some sort of law to the effect that decisions like that arent what higher courts are trying to answer, but the supreme court also has no higher court to appeal a ruling to, so if they just decided to declare that this finding was incorrect anyway, what would happen?
That’s not how precedent works. Higher courts set precedent that lower courts must follow, not vice versa. For instance, the SC could introduce a very narrow definition of (participating in) an insurrection. If they want to rule in Trump’s favor, they will find an excuse (and mangle the law in the process).
This is not a smart take. It’s basically conspiracy thinking.
Otherwise, the Supreme Court is clearly partisan, because Alito and Thomas unashamedly contort into any position needed to face the MAGA base, and Gorsuch, Kavanaugh, and Coney Barrett will typically tend to do so in any issue involving civil rights or business interests.
The GOP is the body that executes the will of whatever conservatism is at any moment; they are inseparable at the executional level. The doctrinal vehicle the GOP uses to get where it’s going is originalism, but the great thing about justices playing professional-amateur historians is that they can cherry-pick history to suit party-doctrinal needs.
I think what’s important here is that the judge ruled that the orange cheeto comitted insurrection. I hope the supreme court does not strike down this part. If they don’t, then they may proceed with judging the case based solely on that.
That sounds a lot like Canadian (and also British) constitutional theory. The King is powerless himself. He just wears the crown, the Crown has all the power. The King wears the crown, and parliament controls it.
This is going to backfire on them royally. A left-wing person is going to be convicted of trying to overthrow the government, but then be able to run for president if that becomes the precedent. Be careful what you wish for, conservatives.
This part really pissed me off. The 14th amendment is pretty clear that it refers to any and all people. Is it just me, or is judge Wallace implying that it isn’t clear that the founders believed the president is a person?
Wallace’s decision was brilliant legal maneuvering. Having found Trump factually guilty of insurrection, higher courts cannot re-adjudicate or dismiss that fact. It is now written in stone.
Given that this case was going to be appealed, no matter what, her decision basically dropped an anvil on Trump’s head. Now SCOTUS cannot disregard the fact that Trump engaged in insurrection. They’re stuck with that, that’s how our law works. Bet Trump’s defense is pissed off.
Only way out now is some serious legal acrobatics to say that 14th does not apply to POTUS. LOL, he’s fucked.
And remember, this court is conservative, not partisan. These judges owe neither the GOP nor Trump a damned thing. I’d bet you a crisp $20 bill that, like the GOP leadership, every one of them loathes the man. And unlike the GOP leadership, they no longer have to worry about votes.
They’ve already declined to hear one Trump case (maybe two?), thereby kicking his loss back to the lower court. Where, ya know, he already lost. They also told Alabama to go fuck themselves on their redistricting shenanigans.
tl;dr: Wallace ruled this way on purpose to fuck Trump.
Everything you say would also be the case if she hadn’t come up with the bullshit about not applying to the presidency. That was simply about keeping the maga crosshairs off of her.
Clarence Thomas seems to like Trump just fine; he and his wife were being very shady after the 2020 election.
The idea that this court is “not partisan” is frankly one of the most naïve things I’ve heard in a long time.
They gonna tho.
Literally, this scotus makes up its own facts all the time to get to the outcome they want. Go look into the quiet prayer that football coach was doing (it wasn’t quiet).
They literally don’t give a shit anymore about any rule. Standing doesn’t matter, facts, anything. If they just think they need to stick their stupid fucking faces into something they just go with their major questions bullshit now.
Down with the god kings of the Supreme Court!
This is the corrupted court that overturned Roe.
what has confused me about people saying this is, well, what exactly stops the supreme court from overriding him being declared factually guilty of that? Im guessing theres some sort of law to the effect that decisions like that arent what higher courts are trying to answer, but the supreme court also has no higher court to appeal a ruling to, so if they just decided to declare that this finding was incorrect anyway, what would happen?
There’s nothing stopping them but they are expected to consider precedent which that decision sets.
That’s not how precedent works. Higher courts set precedent that lower courts must follow, not vice versa. For instance, the SC could introduce a very narrow definition of (participating in) an insurrection. If they want to rule in Trump’s favor, they will find an excuse (and mangle the law in the process).
Yeah, they are pretty GD partisan. By virtue of being conservative.
This is not a smart take. It’s basically conspiracy thinking.
Otherwise, the Supreme Court is clearly partisan, because Alito and Thomas unashamedly contort into any position needed to face the MAGA base, and Gorsuch, Kavanaugh, and Coney Barrett will typically tend to do so in any issue involving civil rights or business interests.
The GOP is the body that executes the will of whatever conservatism is at any moment; they are inseparable at the executional level. The doctrinal vehicle the GOP uses to get where it’s going is originalism, but the great thing about justices playing professional-amateur historians is that they can cherry-pick history to suit party-doctrinal needs.
The 14th is a reconstruction amendment btw, it wasn’t drafted or ratified by the founders.
Great point. I don’t know why I said founders, I meant framers, but I’m leaving it so your correction makes sense.
they founded the 14th amendment
I think what’s important here is that the judge ruled that the orange cheeto comitted insurrection. I hope the supreme court does not strike down this part. If they don’t, then they may proceed with judging the case based solely on that.
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the president is an office inhabited by a person for four years at most twice.
that was the intent.
never again “I am the State.”
That sounds a lot like Canadian (and also British) constitutional theory. The King is powerless himself. He just wears the crown, the Crown has all the power. The King wears the crown, and parliament controls it.
This is going to backfire on them royally. A left-wing person is going to be convicted of trying to overthrow the government, but then be able to run for president if that becomes the precedent. Be careful what you wish for, conservatives.