If Congress must act to re instate a candidate but almost must act to bar a candidate, why was the amendment written the way it was? Pretty stupid they want Congress to make the determination.
Oh look another illegal power grab by the supreme dipshits. 14th amendment section 3 states only Congress may remove an insurrectionist's inability to hold office, not SCOTUS.
“I would expect that a goodly number of states will say whoever the Democratic candidate is, you’re off the ballot, and others, for the Republican candidate, you’re off the ballot. It will come down to just a handful of states that are going to decide the presidential election. That’s a pretty daunting consequence,” the chief justice, John Roberts, said during oral argument. (https://www.theguardian.com/us-news/2024/mar/04/trump-scotus-colorado-ruling)
Damn inconsistent of them, being concerned about consequences after the current court's previous rulings.
They won't, but Colorado should still keep him off the ballot. The ruling was clearly made in fear of chaos instead of what was correct, so they deserve chaos irregardless.
Or at least make a show about it, like all those states did when Texas was told to let the fed agents cut the razor wire.
This should be a surprise to nobody; the courts have been largely bending over backwards to accommodate Trump.
The supreme court just ruled that either the 14th amendment requires an act of Congress, despite no such requirement listed in the constitution.
Then you have Cannon, who has gone out of her way to rule in Trump's favor, up to and including the implication that Trump actually is above the law, and has shown she is hellbent on continuing to do so.
The supreme Court is also throwing Trump another bone by delaying his dc trial by 2 months, essentially giving Trump the win by running out the clock instead of ruling on presidential immunity.
The stormy Daniels case is of little legal and even less political consequence, as the case is weak already and Trump is not considered at significant risk.
The GA case is likely to get derailed because Willis couldn't keep her personal and professional life separate, and her handling of the affair puts her credibility in doubt.
At least we have the civil judgement. At least, until Trump finds another judge willing to throw that out too.
Just the latest reminder that the 3rd Clause of the 14th Amendment isn't worth the paper it's written on.
Edit: Important from the Court's three liberal justices:
"The American people have the power to vote for and elect candidates for national office, and that is a great and glorious thing. The men who drafted and ratified the Fourteenth Amendment, however, had witnessed an 'insurrection [and] rebellion' to defend slavery. They wanted to ensure that those who had participated in that insurrection, and in possible future insurrections, could not return to prominent roles. Today, the majority goes beyond the necessities of this case to limit how Section 3 can bar an oathbreaking insurrectionist from becoming President. Although we agree that Colorado cannot enforce Section 3, we protest the majority's effort to use this case to define the limits of federal enforcement of that provision. Because we would decide only the issue before us, we concur only in the judgment."
As much as I hate Trump, I think it sets a dangerous precedent to allow a state to remove a candidate from the ballot pre-conviction. I hope he does get convicted and thus removed from the ballot however
this thing was doomed from the start and the unanimous vote of the Supreme Court shows that. Y'all are overlooking the fact that this keeps red states from taking Biden off the ballot too.
WASHINGTON (AP) — The Supreme Court on Monday restored Donald Trump to 2024 presidential primary ballots, rejecting state attempts to hold the Republican former president accountable for the Capitol riot.
The justices ruled a day before the Super Tuesday primaries that states, without action from Congress first, cannot invoke a post-Civil War constitutional provision to keep presidential candidates from appearing on ballots.
The outcome ends efforts in Colorado, Illinois, Maine and elsewhere to kick Trump, the front-runner for his party’s nomination, off the ballot because of his attempts to undo his loss in the 2020 election to Democrat Joe Biden, culminating in the Jan. 6, 2021, attack on the Capitol.
Trump’s case was the first at the Supreme Court dealing with a provision of the 14th Amendment that was adopted after the Civil War to prevent former officeholders who “engaged in insurrection” from holding office again.
Trump had been kicked off the ballots in Colorado, Maine and Illinois, but all three rulings were on hold awaiting the Supreme Court’s decision.
They have considered many Trump-related cases in recent years, declining to embrace his bogus claims of fraud in the 2020 election and refusing to shield tax records from Congress and prosecutors in New York.
The original article contains 845 words, the summary contains 204 words. Saved 76%. I'm a bot and I'm open source!
Yeah this was very predictable. It's a presidential election, of course the federal court can override state courts. And the 14th amendment argument always hinged on the question of whether or not Trump engaged in insurrection, and that exact question is already being explored in the same court. And he has not yet been found guilty, so as far as the law is concerned, he hasn't engaged in insurrection.
Everyone's upset because this hasn't gone the way it's supposed to, the DoJ should have charged Trump years ago so things can go in the correct order, Trump gets tried for insurrection, and then cant run for office if found guilty.
We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.
I told everyone for months that sec 5 clearly says ONLY Congress can remove him. I wish I had bookmarked everyone that old me I was a bot or Russian that doesn't know what they are talking about.