Not exactly, liberal justices discented in specifics of who could be expected to make a determination. Agreed it can't be a single state, disagreed on federal courts, other bodies making a determination. Conservative justices decided it would be only congress.
In any case, they all seemed to find it can't be the states based more on consequences than law and unanimous decisions don't reduce the slide to facism any more than a split decision will.
The decision was unanimous that states can't decide this. 4 of them think the prohibition is self-executing, which would have kept Trump off anyway but nationwide
I should clarify: a few of them aren't in the right's pocket. Arguably they are too biased the other way, but the court had traditionally been balanced fairly well most of the time. Not so for the last decade or more.
I get that the argument presented to them wasn't the best, and that's where the unanimity came from. But let's face it, the court has been a joke for a while now. And for whatever reason, I am not at all surprised that they sided with Trump.
Edit: also, to say it was a unanimous decision isn't exactly accurate. It was more complicated than that.
The other way of looking at this is that conservative States can't boot Biden from the ballot either.
And you could bet your ass that if the ruling went the other way Biden would be off the ballot in every red state too. And that would be a much bigger mess than Trump being on all the ballots.
Except justifying Biden as having committed insurrection is a hell of a lot harder than Trump, who was found to have committed insurrection as a matter of fact.
It protects Biden, sure, but from an extremely remote possibility, instead of an imminent one.
In order to legally classify Biden as an insurrectionist, they'd have to come up with hare-brained legal gymnastics and then they'd need, like, a majority in the supreme court to rubber-stamp their...
They've been setting that up for weeks, though. They started calling the migrant crisis in the Southern border an "invasion". You can bet that if the Court held up the Colorado ruling, we would have a ruling in short order in Texas (possibly AZ too) that Biden was ineligible for directly causing an invasion. No matter how incorrect that take is.
It's not about that. They would just make something up and say that's why they're doing it. "Something something Hunter Biden" therefore Biden is off the ballot.
Like I've said for months. The means of enforcement for sec 3 is early defined in section 5. But all those that called me a bot or paid by Russia thought they knew netter
It’s as simple as: “was he sentenced of insurrection by a court?” No. Then he can’t be kicked off the ballot. Should he be sentenced of insurrection? Another matter altogether (yes, he probably should). Besides, constitutionally there’s nothing that blocks him from running for President even if condemned if I’m not mistaken
WASHINGTON — The Supreme Court on Monday handed a sweeping win to former President Donald Trump by ruling that states cannot kick him off the ballot over his actions leading up to the Jan. 6 attack on the Capitol — bringing a swift end to a case with huge implications for the 2024 election.
The Supreme Court decision removes one avenue to holding Trump accountable for his role in challenging the 2020 election results, including his exhortation that his supporters should march on the Capitol on Jan. 6, when Congress was about to formalize Joe Biden’s win.
The ruling warned of the dangers of a patchwork of decisions around the country that could send elections into chaos if state officials had the freedom to determine who could appear on the ballot for president.
The three liberal justices — Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — complained in a jointly written concurring opinion that the court had decided more than it needed to by laying out how Section 3 could be enforced by Congress.
The initial lawsuit was filed on behalf of six Colorado voters by the left-leaning government watchdog group Citizens for Responsibility and Ethics in Washington and two law firms.
They alleged in court papers that Trump “intentionally organized and incited a violent mob to attack the United States Capitol in a desperate attempt to prevent the counting of electoral votes cast against him.”
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