Right now they are arguing whether article 14 includes the office of Presidency or not but I had to stop listening because I was getting myself worked up about it. Is the presidency an elected office- yes or no? If yes then article 14 includes the president
Isn't it great that the only way the supreme court can be recused from a case is if they decide they have a conflict of interest? You know...because the fact that Trump appointed 3 of them and the wife of one of them actively participated in an attempted insurrection don't qualify as "conflict of interest." What a fucked institution the Supreme Court is. Who could have predicted this would happen with a branch of the government defined by "all power and no accountability?"
I started to load it in a tab and listen to it while I was working but quickly realized I don't have the mental fortitude to listen to the many bad-faith arguments that were likely going to be thrown about.
I thought it was really interesting how Trump is a weird corner case because he's never held any offices listed. Almost all other presidents have taken the oath prior to being sworn in as president for one of the offices explicitly listed.
Listening to legal stuff hurts. Right now, it sounds like they are trying to argue that they don't want to do their jobs, but I'm sure it's deeper than that. Right?
This one was always going to be a long shot. The real story here (or one real story, I guess) is why nobody had the guts to ask Thomas to recuse himself.
I don’t know what procedure is in place to do that, but I’m guessing they didn’t do it before the hearing and it is against decorum to do during the hearing
Yes, judging by the tenor or the questions it probably won’t even be close. They may end up ruling that Section 5 requires enabling legislatIon to be passed before state enforcement of Section 3 can proceed, but who knows. I think the fix is in on this one, regardless of the actual merits of the legal theories.
I’ll also go out on a limb and say that even though I am viscerally with Colorado here, a victory could easily turn into chaos once GOP-controlled courts in battleground states start engaging in a tit-for-tat. I can already hear the MTG-caliber arguments about humane border policy equating to insurrection.
The upcoming immunity case is going to be way more problematic for Trump, I think.
I thought this article from Vox did a good job laying out how it could fall in Trump's favor.
Taking Trump out of the equation for a moment, I do find resonance with the argument that a state shouldn't be able to disqualify someone from a national election and that a decision like that should sit at the federal level. I'll also echo circularfish in that I don't trust Republican states to fairly apply this standard. It seems like something Democrat-controlled states might do because they believe in rules/institutions so they'll only do it when pressured, if even then. Republican-controlled states will do to score points on Fox/OAN against anyone from Joe Manchin and leftwards on the political spectrum.
Honestly, yes. I feel like the attorney arguing for Colorado voters fell flat in his arguments. I don’t necessarily find Trump’s attorney convincing, but he did a better job. Also this is my first time listening to SCOTUS and I’m surprised how many tangents they seem to take