Court arguments on blocking Trump from the presidential ballot under the ‘insurrection’ clause begin
Court arguments on blocking Trump from the presidential ballot under the ‘insurrection’ clause begin

Court arguments on blocking Trump from the presidential ballot under the ‘insurrection’ clause begin

A weeklong hearing on one lawsuit to bar Trump from the ballot in Colorado begins Monday, while on Thursday oral arguments are scheduled before the Minnesota Supreme Court on an effort to kick the Republican former president off the ballot in that state.
Whether the judges keep Trump on the ballot or boot him, their rulings are likely to be swiftly appealed, eventually to the U.S. Supreme Court. The nation’s highest court has never ruled on the Civil War-era provision in the 14th Amendment that prohibits those who swore an oath to uphold the constitution and then “engaged in insurrection” against it from holding higher office.
That Supreme Court decision will be the embarrassment of our generation. Even though the constitution says nothing about a conviction, they’ll say that without a conviction he won’t reach the threshold of “insurrection.” Or maybe they’ll conveniently redefine the word insurrection. Or maybe they’ll say he didn’t technically “engage.” The possibilities are endless if you decide the verdict first and work your way back creating a legal justification.
That's actually the easiest argument there to counter. None of the politicians & officers of the Confederacy were convicted for insurrection, yet they were still barred from office.
"None of the members of Congress that gave aid or comfort to the participants of the Nov 6th riots have been barred from holding office, so it must not have been an insurrection." - Justice Thomas probably
It's the fact that we haven't held any of our elected officials accountable for their actions and words that will bite us in the ass.
What would prevent them from arguing that was improper, and thus invalid?
https://www.c-span.org/video/?507774-1/president-trump-video-statement-capitol-protesters
"We love you. You're very special."
Could still say he was not convicted of giving aid or comfort. Seems obvious he did, but without a trial not sure it would count. Although that would be an interesting trial as they track down the funding of these groups and how they are interconnected. Probably reveal some interesting players behind the scenes.
"The Founders never intended for a President to be barred from running again due to formenting insurrection via Social Media, because Social Media hadn't been invented yet."
Wild to think we don’t already have a dozen points of embarrassment of our generation
“I’ll take the shadow docket for $400, Alex”