Disagreeing to Agree

The editors of the Washington Post agree with the unanimous Supreme Court decision removing control over whether Donald Trump may appear on the ballot in 2024 out of the hands of state governments:

No, there is no one weird trick to keep former president Donald Trump off the ballot and out of the White House. That is the unanimous opinion of the Supreme Court, which ruled Monday that the 14th Amendment does not authorize states to disqualify presidential candidates from seeking the office based on alleged oath-breaking and insurrection. This settles a legal controversy whose answer ought always to have been clear, leaving primary responsibility for preventing Trump 2.0 in the hands of voters.

I’ve read complaints about the decision on the grounds that the 14th Amendment should be self-executing but none of them have been accompanied by an explanation of that reasoning. Once again I think they’re trying to turn American jurisprudence into a civil code system.

2 comments… add one
  • bob sykes Link

    Is not the most fundamental principle of law that any punishment must be based on a trial that leads to conviction on some charge? Clearly, any person accused of insurrection must first be indicted, tried, and convicted in a court of law. A sitting President would first have to be impeached by the House and then convicted by the Senate and removed from office. He could then be tried for insurrection, but that trial would have to be held in a federal court.

    The various lawfare attempts to prevent Trump from running for office are scams of Third World dictatorships, and should disqualify the people making the attempts from public office.

  • Grey Shambler Link

    Bob:
    Amen.
    Wondering if Elon will bail out the Donald?
    Wonder if Elon has an eye on the polls?
    Trump’s money issues are chump change for Elon.

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