Trump v. Anderson: Amici Curiae Briefs

Re: Trump v. Anderson: Amici Curiae Briefs

Postby admin » Fri Feb 09, 2024 4:59 am

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@lmcatech
34 minutes ago
If they determine the 14'th amendment doesn't apply, then sometime in the future another supreme court will decide the 2'nd amendment doesn't apply either. Maybe that will be a good thing.
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@Mossyrocklove
1 hour ago
I realize we need a basis for our laws, but sometimes nit picking the constitution to make all rulings seems - not so good. I mean how about common sense - if he tried to overthrow the government, obviously don’t allow him to be President again? I heard the justices discussing what you mentioned (“officer” etc) and it just seems so absurd!!!
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@karenborthick4909
1 hour ago
Then our Colorado now HAS to keep Trump on the ballot??
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@rixter719
11 minutes ago
It's funny. When the cases are going against Trump, the Right speaks about the judge(s) getting it wrong. When the cases are going in favor of Trump, the Left speaks about the judge(s) getting it wrong.
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@MisterTingles
1 hour ago (edited)
shocking turn of events, impossible to foresee he put half the feckers on the bench, are we still pretending America isn't already firmly in Banana Republic territory...
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@user-em6ie2be7x
3 hours ago
If Republicans actually believed in "States Rights" Colorado's decision to Kick Trump off the ballot would be final.
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@sammisequoyah6058
1 hour ago
Because they work for Trump... Glen you have the pretty to get the ball rolling on impeaching then judges why don't you do something? You know all kinds of lawyers and I'm sure you all are very capable of removing them off the bench. Just because it hasn't been done before does not mean that it can not be done!
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@laralovesviolins6510
42 minutes ago (edited)
I thought that the argument that one state could decide who the president would be was so ridiculous and wrong (they know that's not how it works), and also ridiculous was the idea that states could randomly and capriciously decide who could and could not be on the presidential ballot. Colorado had a trial to determine their decision, it was well thought out and based on the fact that Trump did engage in insurrection. He himself even called it an insurrection, today.
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@TheCjbowman
53 minutes ago
Getting pretty scary, actually.
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@glenrose7925
42 minutes ago
I keep asking and no one answers.... PLEASE ANSWER...... "giving aid and comfort to the insurrectionists is enough to disqualify someone for ." Trump did that and continues to do so now. That standing alone is enough to disqualify him under the 14th amendment. Colorado's lawyers never brought that up. No one brings it up. WHY?
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@susanlynn3613
48 minutes ago
Im so mad i can"t say anything. In fear that if i would go to jail because im not whats his name.
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@user-mi1eb7iu1p
3 hours ago
Well, folk's, there goes our democracy!!!
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@chrisgreco4249
1 hour ago
As I listen to Mr. Kirschner's reflections on the contradictory and often myopic comments from the Justices I am reminded of words Christ spoke 2,000 years ago. He was speaking to the Pharisees, the judges of His day: "You bow down to the letter of the law and violate the spirit of the law. Justice. Mercy. You swat at a gnat and swallow a camel. You do not go in yourselves and you do not allow others to go in. You are all clean and bright without and inside full of bones and death and all corruption." The Justices have had ample time to read the 14th Amendment. (the letter of the law) They should know the violent history that led to it's adaption. (bones and death) To twiddle around with whether a President is an officer of the govt - seriously? Really?? (violate the spirit of the law) I thought all the Justices today failed utterly to rise to the deep significance of the matter before them. Why did they even bother holding a hearing if they were just going to push peas around on their plates like 6 year-olds who don't want to eat their vegetables? Pathetic lack of insight and vision. (you swat at a gnat and swallow a camel)
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@cccro6228
1 hour ago
Glenn, I am sick over your assessment of how the Justice's nit-picked every aspect of how the language in the Constitution should or could be interpreted. So why don't they re-write the constitution so that everyone can understand the wording?
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@greg9323
57 minutes ago
That is what they are going to do. Look at all of these cases, they are dragging them to give him an out.
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@tonysnow2015
1 hour ago
If the state of Texas can ignore the Supreme Court on the barb wire and border issue, Colorado can ignore them on the Trump ballot issue. Full stop.
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@JamesAsbel-vu3pp
14 minutes ago
Why is Lincoln knocked over?
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@waetos
2 hours ago
Like so many others, I'm a lot more than disgusted with SCOTUS - a bunch of hypocrites.
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@SPRINGTIDECREATIVE
1 hour ago
I wish Glenn was arguing the case. The SCOTUS seems to have lost sight of what the question before it is. Is DT eligible to be president, or not? The potential consequences of ruling he is ineligible should not carry any weight. No one’s right to vote will be denied if Trump isn’t on the ballot. The GOP will just have to have an alternate candidate. This will be determined well before the election. Just answer the question!
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@briarwoodimp
14 minutes ago
I listened to part of it. I was hoping the questions about the procedures followed might be used to affirm it was done properly, constitutionally. Kind of "tell me why there isn't a loophole here" sorts of things. It's hopeful thinking, but I guess I'll stick with it until we hear the final verdict. I'm so tired of the chaos, but fair and legal chaos, I think we can live with and grow through. FFS, nearly everything in government involving republicans is chaos. Why would more be a problem?
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@kh-si5iq
27 minutes ago
Hi friends. Repeat after me: There was no insurrection There was no insurrection There was no insurrection There was no insurrection
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@Michalis1948
1 hour ago
American judges 1. Must respect Constitutions. 2. Respect the country America. 3. Respect Americans people. 4. Respect the Law. If judges assist citizen trump to win, be very careful. Life can be cut short by an assault rifle.
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@andrewhaydon
51 minutes ago
What a debacle it all is
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@michaeljoseph2303
2 hours ago
Why’s Thomas even allowed to sit on this matter. GOP give us criminal trump. Not so SCOTUS OK
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@doubledragon9530
1 hour ago
Like many I was disappointed with the thrust of the Supreme Court today and I believe they will reverse the lower court rulings. However, I cannot disagree with the idea that they put "detail over democracy." Their questions were valid and their points were valid. It always comes down to who has the power to enforce. The fact that the insurrection act far predates the amendment means that there is recourse to the charge for this crime, and also, the amendment does not give the States any role in preventing anyone from taking Federal office. Also, the amendment says nothing about running for an office, only about being seated in that role. The devil really is in the details. In actuality, I am most disappointed that the Constitution does not bar criminals from holding the highest office, even though it does bar Senators and Congressmen. On the other hand, I think it is highly unlikely that the Supreme Court will even hear, much less reverse the immunity ruling, and so let's put the scoundrel in jail post haste.
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@manuelseale4342
47 minutes ago (edited)
Why is everyone surprised? I am not, for obvious reasons. Let him stay!! Biden will permanently disqualify him at the polls
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@cyndytodjo1798
13 minutes ago
So disgusting
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@jannmutube
1 hour ago (edited)
---- < I listened to a portion of the arguments. The problem is that Colorado was arguing that Section 3 is "self-enforcing". a single person federal officer like the Secretary of State or a Legislative appointee making ballot determination. Historically, I don't think that's the way it was enforced. It was enforced through state courts and had the right to redress. ---- < I'd really like Trump to be off the ballot but his is looking like another swipe at something like the Unitary Legislature case.... which, fortunately failed.
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@davidarchibald50
24 minutes ago
Mate, ask the people at Bhopal how they feel about American justice. America has this fantasy...
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@theresa3
2 hours ago
I’m so done with the BS!!!! I HAVE NO FAITH IN the SUPREME COURT WHATS SO EVER Thank you Glenn Biden/Harris2024
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@arjaygee
32 minutes ago
I frankly don't understand why anybody would have expected a different result. Amendment XIV Section 3 is poorly and incompletely written. I don't think Glenn is being very objective in this analysis.
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@andrewburrell6381
37 minutes ago
I can totally sympathise with your comments Glenn. Yet even though the thought of Trump seeing this as a victory or sorts and added to that the fundamental issue that art 14 cl 3 has been almost overruled, part of me feels allowing individual states to apply the US constitution independently and more importantly differently seems illogical. And therefore on this specific situation I think Colorado has to stand down. I must admit I think I am only 51/49 this way out… as I say my biggest issue Trump may somehow see this as an all out victory. And also I hope that SCOTUS does not articulate its ruling ignoring the other very serious points raised by Colorado lawyer.
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@julianluna9710
1 hour ago
Our country is going to the shitter!
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@iainhunneybell
1 hour ago
A very bad day indeed. Worse, SCOTUS did not address the question. It is very simple: Are there, or are there not, restrictions/conditions of ineligibility to run for office or not? That is a Yes/No answer. Presuming you agree there are, because it is what is written, whatever they might be, the next question is: And so when and how does this disqualifications apply? Can all persons be on the ballot only to be disqualified after the plebiscite and a potential majority vote for an ineligible person? That is an absurd position, and how is allowing people to vote for an ineligible candidate “democratic”? The justices were putting forward absurd hypotheticals. This is just going to lead to a bigger train crash down the track. I could go on. Not a distinguished performance by SCOTUS
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@johnandrews2768
1 hour ago
I'm not at all surprised by the direction they're going, I thought it was likely this is what they would do...but it's still absolutely disgusting to watch it happen
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@onedominant
2 hours ago
Eff SCrOTUS. Incompetent. Shouldn't even be allowed to sit the bench in traffic court.
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@curtisv5247
57 minutes ago
I wonder if they would feel the same way if Mike was actually hung! Also, they are opening the door to others!
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@tracyheaslip8754
1 hour ago (edited)
I agree with you, however Trump has not been convicted of it yet. And if the Supreme Court decides that it can only be handled federally... where does that leave the states in charge of their own elections
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@LisaAZBlue
2 minutes ago
I am far from a lawyer or scholar...but listening to that BS angered me so that I had to turn it off, cuz the questioning from the Justices was not about the basic text of the statute of the 14th Adm IT was like they were speaking and asking about something other than The 14th!! It was like they didn't know what Insurrection meant! DISAPPOINTED but ki da expected!!
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@outtakontroll3334
1 hour ago
it was foregone they would allow him on the ballot. and there were some good points made in the questions. it may not be the last time they have to deal with the question, if he wins, which he wont. however it may be inconvenient though, the constitution must be followed, so he has to be ineligible.
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@sharonbeckerle8735
22 minutes ago
This is only the beginning of the trial there might be better days ahead don’t lose hope in democracy
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@user-hj7nv5oo9p
3 hours ago
Disgusting. They should be ashamed of themselves.
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@tekkyk9272
1 hour ago
Does this not cause you to be disillusioned by a court system you have served for so many years? I feel for you :(
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@naturalingredients
1 hour ago
Thank you.. as i listen to the court's decision could have used the facts that Trump has plenty of court cases therefore taken off the ballet this round until all courts are done..then after the 4 years would have all the answers to if he can be on the ballet..then court can definitely list all his wrong doing can not be denied..
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@billygamer3941
1 hour ago
Law on its side as is Lincoln.
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@greatpix
1 hour ago
Glen, do you know what my worry is, even if Trump ends up in prison? That he's created a blueprint for any President in the future to become a dictator. Congress needs to make changes to the Constitution to prevent that from ever happening again.
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@ingridgrattidge5887
1 hour ago
Oh God noooo!!!!!!
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@dannyspitzer1267
2 hours ago (edited)
They were splitting hairs instead of looking at the obvious...I'm so disgusted with our system
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@georgehunter4525
1 hour ago
I was way off base! Looks like all the talking head legal experts are thinking 9-0 or 8-1. You summed up the case against Trump simply and clearly!
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@uavman01
1 hour ago
Hey Glenn, thanks for keeping us informed and I have two questions one is this the final judgment of the United States Supreme Court? And the other question is are there any other steps or procedures that can be taken beyond What has already been done?
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@diannetrotter5555
1 hour ago
Why didn't you go to the Supreme Court to explain to them like you are doing now. The justices are corrupt.
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@englishwithteacheradgie4699
1 hour ago
They referred to what happened on January 6 as a “riot.” I looked up definition of insurrection and I got a list of “rebellions” in the U.S. going back before the revolution. These words appear to be synonymous. In addition, there is no process laid out because it sounds like everyone knows what an insurrection is and what it looks like kinda like a duck. Or like that scene in A Few Good Men where Tom Cruise asks a witness how he knew where the mess hall was. Was it in the manual and the man looked confused and said everyone knows where it is, you just follow the crowd.
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@janetbleistein2820
1 hour ago
They saw the picture they wanted to see.
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@dea6607
2 hours ago
I've lost all respect for the supreme court. Its sad.
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@videob1962
45 minutes ago
is there symbolic meaning to the statue behind you being on it's side? Is it of the Lincoln memorial?
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@omavicmcmurray2893
1 hour ago
Either their bought off ( probably) or their afraid of the ripples from the mob boss ( possibly) but what’s for sure is the majority are sell outs, precisely.
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@dorisporis8
1 hour ago
SCITUS shows its own faded colors. . .
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@NESter422
1 hour ago
Interesting, three justices installed by an insurrectionist, one justice who’s wife who participated in the insurrection, who claim to be federalist having a hard time reading the plain text of the constitution. The justices are currently seeking to give Trump the relief of being able to run for an office he is not able to hold according to the constitution. These justices are now also in violation of their oath to uphold the constitution, to provide aide to the uncontested insurrectionist. If the justices do not uphold the constitution it will be plain to me that they are also engaged in the current attempt to usurp our democracy.
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@paulasmith3590
24 minutes ago
I also watched today. So disappointed. I couldn't believe what they were saying. Trump should be in jail by now. Thanks to merrick garland, he is not. Again I say , there should be terms Limits for these judges.
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@mariaa4572
3 hours ago
I can't BELIEVE how much this so called man is getting away with!!!!!...
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@Barnacle25
1 hour ago
Glenn, I love you, man. I feel your pain. But Griffin rules. You know it, and I know it. The Trump Ship will sink. Just keep putting holes in the hull. Justice will prevail. "... a republic, if you can keep it." -- And Thanks.
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@GKBryceVideos
1 hour ago
Is it not possible for the Supreme Court to decide that (a) Trump cannot run again for President because he engaged in an insurrection, but then (b) direct Congress to develop a mechanism to deal with future circumstances where an insurrectionist runs for a federal office rather than leave the process to individual states?
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@middle_of_the_road
22 minutes ago (edited)
Glenn Kirscher advocating for chaos and ambiguity and to not support rulings by the highest court in the country.
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@Moonewitch
1 hour ago (edited)
Someone more seasoned should've been arguing the case on Colorado's behalf. He was too meek & unpolished. There should've been a litigator who embodied the likes of: Luttig, Tribe, Conway & Kirschner, etc. He had enough time to be more polished & sound more well versed on the 14th Amendment's history & the history of its implemented, especially based upon its probable implications in today's society (political). This was Murray's first time presenting a case before the Supreme Court. This was NOT the case to be presented by a newbie. This wasn't it! Kaytal should've done it! He's presented many cases before the court.
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@jimorgain63
1 hour ago
maybe this is purgatory, a sort of hell, so disapointing
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@vernejacobs6019
3 hours ago
The surpreme court didn't mind disenfranchising voters when it ruled in favor of gerrymandering.
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@msboncat1959
1 hour ago (edited)
It was clear the Justices did not want to have to deal with this question of whether Trump should be disqualified or not. I would agree they did ask hard questions but to both sets of lawyers. They did take a lot of time on details. {Like is the president considered to be an officer of the government. which was annoying.} One of the justices did issue a warning about what would happen if they decided Trump should be disqualified. Just because there were hard questions. I don't believe we should take it the ruling will be bad news for those of us who believe Trump should be disqualified. Perhaps we need to take a wait and see attitude. Let the Justices issue their ruling on this matter.
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@user-fd1mv8dl9q
1 hour ago
If I understand the issue here, it’s that Trump is unqualified for office because he is guilty of insurrection. Sounds reasonable. When was that judgement handed down? In what court?
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@sbk123411
21 minutes ago
Angry, but not surprised.
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@brettjohnson290
30 minutes ago (edited)
I listened to the argument live. Colorado’s attorney argued Trump lost eligibility the moment J6th occurred and the 14th amendment was automatic. He lost the case when Goursich asked “then why wasn’t Trump removed as the sitting president” I agree Trump’s attorney was mediocre at best, but a bad argument is a bad argument. The bad argument being J6th is an insurrection. It was LOTS of things, but an insurrection was not one of them.
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@imjustsayin109
1 hour ago
Okay let's have the courage here to say it out loud. Our Supreme Court simply did not have the ba**s to do this right. Anybody surprised??
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@tinateixeira7118
2 hours ago
It was horrible. The Supreme Court needs to be real, Trump will fire all of them if he's in office again.
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@crabbyrat1972
53 minutes ago
So, it’s not an insurrection because it wasn’t “organized” ~ but ~ somehow they either had the materials to build a gallows or they brought a gallows with them (y’know, just in case) to the capitol. Just because the event wasn’t planned ahead of time with engraved invitations sent out doesn’t mean it wasn’t organized. Angry mobs organize on the spot fairly often, actually, and this turned into an organized, efficiently executed insurrection. The lack of blueprints or an organizational chart does not change that fact.
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@PaulineMontagna
1 hour ago
The Justices were doing just what everyone was expecting them to do - finding a way to wriggle out of standing up against Trump. They care as little about the details as they care about democracy. Just as democracy was just a tool they used to get into the Supreme Court and for Trump to get into the White House, the details are just a tool they’ll use to assist Trump and save themselves from being targeted by MAGA. But just as you keep saying, Glenn, once Trump is in power he’ll have little use for them, so their reprieve will be short-lived.
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Re: Trump v. Anderson: Amici Curiae Briefs

Postby admin » Fri Feb 09, 2024 5:03 am

Page 8 of 12

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@rosykatzCATS
1 hour ago
I knew they'd do that
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@Soylntgrnisppl
1 hour ago (edited)
Let's not lose sight of the fact, that after the hearing today, Trump in his post-hearing remarks, said that what happened on Jan. 6 was Insurrection, only he's blaming Pelosi for the "Insurrection". I have to imagine that after Trump's Lawyers heard that statement and picked themselves up off the floor, they will be "counselling" him about the fact that he has now gone from characterizing Jan. 6 as a "great day for the Country" to "It was an Insurrection!" Of course, the question remains: "Will there be any real accountability for Trump"?
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@kriskohnke3382
1 hour ago
SOOO DAMN FRUSTRATING
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@User-uy9ko
2 hours ago
Why hasn't Ginny Thomas been held to account for her insurrectionist behavior? Why did her husband not recuse himself from this case?
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@stevenwilgus5422
1 hour ago
The lifetime appointees that hold SCOTUS are enjoying another comfortable evening. They will rest easy. They do every day. They enjoy their position. They like the gifts, the vacations, the general perks of their elite status. The concerns of the nation are left to the political realm. It is not their concern. Never mind that in order to reach a resolution, one side will have to overwhelm the other through elections. It seems not to concern them in the least. They will continue to enjoy their lives until they pass away. Mean while, we struggle with MAGA. They will vote. They could prevail.
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@greatpix
1 hour ago
While I'd like to see Trump not on any ballots the Supreme Court, conservative and liberal, had valid points about the control states would have over the election of a President. All it would take is even the smallest state in the Union taking a candidate's name off the ticket to make him or her lose even though they might have won in popular vote and electors otherwise.
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@PKing-px5dg
1 hour ago
We seem to be overthinking the 14th Amendment. The first line is clear and applies at the Federal lever to remove a Presidential Candidate from the Ballot for all States: No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States! "No One" includes an ex-President! The second part applies to a States own government within the State: Under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States! The point the founding fathers were trying to make was, they don't want an Insurrectionist in the government at all. Federal or State Governments! Read the words: No Person ... under the United States vs. Under any State ...of the United States
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@davidclark573
1 hour ago
No justice Kagan, your job is to rule if trump committed an insurrection and should be removed from the ballot. The case is not whether a state can remove a person from a ballot. In other words, is the decision of Colorado's court an accurate interpretation of the constitution? That is your job and you are avoiding it. The supreme court is afraid to make the right decision. I predicted the court would change the subject to avoid deciding the insurrection issue because insurrection was already established.
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@lindataylor1127
1 hour ago
It figures
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@paulhealy2286
3 hours ago
Hang in there, Glenn. We can't make this without you.
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@EBR846
1 hour ago (edited)
Not going to lie, I have reduced the news I take in over the past year+ for a number of reasons, one being not using social media much, more than a bit of that due to boycotting Twitter and its awful owner. One source of news I still go to is Youtube, watching videos for entertainment or for some news, like this channel. For a while, over the course of '23, when the possibility of Trump being essentially dealt a knockout blow, by a very small number of people, spotlight shining, all-eyes-watching manner, not to mention a judicial body that from my limited POV, is not moderate and definitely not left-leaning or even reasonably unbiased, as we've found out with just one judge, Clarence Thomas---seemed HIGHLY UNLIKELY. Even if the judges were going to rule in a way that was sensible, I figured this a while ago: They were going to look for any out they could to NOT have a literal or figurative target on their backs. We already saw what Trump's followers were capable of on Jan. 6th. We've seen what his cult followers are capable of in Georgia in harassing election workers. In my view, at least in part, Trump has used his precedent and cult-like followers, and what they are capable, to potentially intimidate more than a few judges, indirectly, by riling up his strongest supporters and continuing to spin and lie and convince his followers that anyone coming after him legally is doing so for political reasons and not VALID legal reasons. Very few people want to be the ones largely responsible for delivering a huge blow to him, politically. On a financial front with the rulings in New York state (now three cases), with the human nature not changing, those rulings don't really directly impact Trump voters like the Supreme Court rulings would. It may anger them a tad, but it doesn't anger them or directly impact their vote. As I see it, even if the judges in the Supreme Court are concerned about Trump becoming a dictator, they figure the other safeguards in place will at least stop him from ultimately becoming a dictator, whether through other trials he is facing or simply being not voted and any insurrection attempts not being successful--he's not in power this time and I fully believe, that if he could have done so in a manner that was not blatant, Trump would have altered the security on Jan. 6th --in a country where our military budget borders on 1 TRILLION U.S. dollars, you mean to tell me that was the best they could offer on the security front where the election was being ratified? These judges are people with egos and sizeable compensation and who knows what other benefits they get under-the-table, even if only once in a while. None of them can work remotely exclusively and they sort of have to live in that area, seemingly, not live overseas or a secluded place in Montana or wherever. Then Glenn brought forth some limited but basic logical explanations for why he thought the Supreme Court would NOT rule in Trump's favor in hearing one of these cases and it seemed reasonable. I allowed myself to believe it but again was kind of limited. That a Supreme Court is not in the picture if a person like Trump gains power, who is even TALKING about being a dictator. I'm disappointed for allowing myself to believe this, because I again, thought there was almost NO way that the judges wanted to be the ones that would essentially, in the view of many strong Trump supporters, to be the ones to take their vote away and deliver a political knockout blow, essentially. I don't know if Glenn is simply a bit overly optimistic at times. Or if it's that in this case and other times, can be at least more than a little bit self-serving in fashion on Glenn's part. Is he presenting this pretty much always optimistic view because he wants people to continue watching his videos and makes a decent amount of money from them? I think the tone is often optimistic in his videos compared to other presentations of news in the world, which is not that positive and this is a competing tone that gives people a bit more hope. I hope it's not the latter but I don't see myself watching these videos as consistently after today.
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@chong2389
11 minutes ago
One of the justices said that 14.3 states 'shall not hold office'. It does not say 'shall not be allowed on a ballot'. So, does that mean he can be on the ballot, potentially get enough elector votes, be declared the winner and then be prevented from taking office?
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@rossbeck7389
1 hour ago
Concur: like what kinda of twisted weak justis is this.
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@mariannesteinmetz8132
9 minutes ago
Glenn, trump has not been proven by law to be an insurrectionist, but he is aiding and abetting insurrectionists & seditionists by offering pardons and singing "freedom songs" with them. That part of the 14th amendment seems to be most relevant.
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@TonyaMorgan-jv4cj
1 hour ago
I was hopeful but not surprised. Shame
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@guess2899
3 hours ago
There should be a mass protest to have those maga judges out of the Supreme Court, protest in front of the court
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@brucegraner5901
52 minutes ago
So today the justices demonstrated more interest in parcing legal definitions than what seems the obvious intent of the 14th Amendment. The tone of this video makes it sound like justice lost today and it's all over. Can you please talk about whether or not you think this is true and what happens next and when? If things are as bleak as this take makes it sound like the Supreme's Court popularity with much of the country is about to drop into the negative numbers.
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@maramunson336
1 hour ago
why didn't anyone bring up the argument about abortion throwing the states into chaos ( like you did) ? And the other point about dis-infranchising voters ( like you did)
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@vikitheviki
2 minutes ago (edited)
The horror clown show is still going.. Smellvis for prison 2024!
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@Robert-qw3lr
16 minutes ago
Yeah it was a rough day for your delusion. Stay strong! Hold faith in your delusion. I believe in you!
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@user-pw1xf1rk4l
1 hour ago
No surprise to me whatsoever how today went with the questioning, not one little bit of a surprise at all!
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@KateWitt
3 hours ago
Have never seen Glenn so mad. He's right to be so. Thank you for this.
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@supernaturalta6174
1 hour ago (edited)
Could it be plausible that the justices were playing devil's advocate? Why waste time quabbling over the facts the Colorado case already established? It's their job to see cases from every angle - even the most obtuse angles - before making a decision.
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@Tryingtosurvive012
1 hour ago
It is imperative that one comprehends the fact that mere belief does not equate to accuracy. The majority of individuals possess a limited understanding, and oftentimes, base their opinions upon unsubstantiated sources such as CNN and MSNBC. There exists a frequent pattern wherein individuals regurgitate the words of these sources, without taking the time to conduct their own thorough investigations. The individual in question alleges that the former President of the United States engaged in an insurrection, yet simultaneously asserts that the same individual encouraged a march towards the capital. In this regard, it must be emphasized that the aforementioned statement is erroneous, as at the time said individual issued such words, the purported march had already transpired for a duration of thirty minutes. This individual is nothing more than a Democratic operative, whose speech consists of fifty percent deceit and the remaining fifty percent being mere bluster. Furthermore, in the same breath, it is argued that the current President, Mr. Biden, intends to fortify the border; however, these efforts are hindered by the Republican party. One cannot reasonably maintain that Mr. Biden has an earnest desire to secure the border when he, in fact, opposed such actions and defended this stance in the Supreme Court. The installation of razor wire serves as further evidence that Mr. Biden has not prioritized efforts to secure the nation's borders. Had he truly intended to implement measures to address this issue, he could effortlessly pass legislation to do so.
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@joeboudre1667
1 hour ago
He probably paid them off!
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@carolynmack4017
1 hour ago
I thought they were looking to appease the MAGA folks who carried giant Confederate flags on January 6, 2021. I feel Roberts' Court becoming the Taney Court and "compromising" wirh the insurrectionists with another Dred Scott. But after the DC Circuit argument, I thought that court might say they did not have jurisdiction and we got a strong opinion on lack of immunity. Maybe we will get a better opinion from the USSC than we think, but you are bolstering my pessimism.
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@jimstubbs7230
1 hour ago
It was a disgrace the simple words and common sense were supplanted by reckless whatabout-ism and legal philosophy. Screw the legal high ground literalism. What use does a nation have for a scotus like this? NONE.
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@slanier3486
17 seconds ago
It’s hard to see evil win. When scams and fraud succeed, or when a coworker uses lies and manipulation to get ahead, injustices make us want to do something. But instead of retaliating, and giving in to evil, the Lord calls us to trust Him and His timing. He is not blind to evil, and He will deal with it in time. So as we wait on Him He fills us with His peace, even in the midst of evil.
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@dr.evelynj.nieves8270
3 hours ago
This is a National NIGHTMARE that does not stop! Thank you Glenn for all you do.
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@Pavlovs_Dog
1 hour ago
we all have mitch mcConnell to thank for all of this.
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@AnnDavis-mk7lz
49 minutes ago
We the people will vote him out for good. On October 29th. I'm posting "C U Next Tuesday tRUMP" November 5th is election day and a Tuesday. Lol I'll be voting BLUE down the whole ballot.
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@MsSavannasMom
1 hour ago
I miss Ginsburg.
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@carlosestevam3620
3 hours ago (edited)
I don’t trust none of them!!!! We need justice for this criminal!!! It’s so frustrating!!!
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@KaronBerg-wv4ty
1 hour ago
The Constitution is Crystal Clear.
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@martabubnich904
56 minutes ago
Yes Glenn it was really bad , no one but one judge mention the Insurrection, when everybody else ignored it.
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@Brklyn_NuYawka
3 hours ago
It's a sad day when you actually don't have faith in the supreme court - considering the players that sit on the bench. smh
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@johnholland1308
1 hour ago
I am disappointed but not surprised.
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@SirCitizenJim
53 minutes ago
I called this days ago.
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@rmsmith8098
2 hours ago
I have only had a shred of faith left in the Supreme Court. After today, that shred is falling apart I have no faith left in them at all. I feel sick. And scared.
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@desmondisaacs8475
1 hour ago
I'm not shocked, money n power wins.
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@phylis3917
1 hour ago
Thomas! Are you kidding.
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@scottbracken1284
2 hours ago
I Don't trust my own supreme court at all any more!
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@gabortoth5936
1 hour ago
Big trouble is coming
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@G-S-D
45 minutes ago
And what do you think they're going to do about immunity?
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@mooncake4234
3 hours ago
So hard to watch the USA drift further and further away from democracy.
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@solaris808
44 minutes ago
Gilead
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@BovisStercus
1 hour ago
Not surprised.
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@user-fm1ki2pg2d
2 hours ago
It's VERY OBVIOUS that Supreme Court Justices(and I use that word lightly) should be term limited!!!
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@steveburke7675
3 hours ago
I have very little trust in SCOTUS to put aside politics and decide to the benefit of the nation and democracy.
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@sarge420
3 hours ago
Go figure. Vote Blue America. -Ret USAF
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@Schiltax
3 hours ago
OMG I just want to scream and swear my head off!!! Is there anyone or anything that isn't corrupted?? I'm so glad I'm in my older years! What's going to happen to my grandchildren??
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@MsTdougherty
3 hours ago
Today was a disgusting day for Justice. The Supreme Court should be ashamed of themselves. And why the hell is Clarence Thomas still a justice? He’s bought and paid for.
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@justin169169
3 hours ago
They should be more concerned that if he stays on the ballot, they most likely won't have a job or any authority over anything.
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@tobi52
3 hours ago
My heart is broken to hear what the Supreme Court decided. Thank you Mr. Kirschner for the update. The Supreme Court should be ashamed of themselves.
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@thjbird
3 hours ago
The Supreme Republican Court found an easy way out seized it. They completely ignored the elephant in the room.
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@karengossett1475
3 hours ago
It’s late and I am too old to watch this tonight and frankly I have had enough of Trump today!
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@fsu4031
2 hours ago
All those justices were despicable from top to bottom. Traitors!
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@sixbladeknife44
3 hours ago
SHAME ON SCOTUS!
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@rainbow6978
2 hours ago
These justices went in with their minds made up without a doubt.
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@maryrobie4752
3 hours ago (edited)
My heart hurts. This is a very sad day for America and our Democracy. Our government is corrupt!
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@armi4276
2 hours ago
How can these judges sleep tonight and the rest of the nights until they give their decision.
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@marilynkotnik880
2 hours ago
a black day for America...God help your country!
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@AndrewHunter-ds5fj
2 hours ago
The supreme court have given trump the ok to do it again, madness
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@user-pv1tn5sq1q
3 hours ago
Dismissing the rules of the Constitution 14th Amendment is disregarding the law. seeking an off-ramp is criminal and aiding a criminal.
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@LollieVox
3 hours ago
Hold office? Nah he can’t even touch or think about office!
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2 replies

@paulapenna-loveyourvoice
3 hours ago
It was sickening to listen to today
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@2024spellsfreedom
3 hours ago
THE MAJORITY IS NOT HAPPY!!
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@jeffie8696
2 hours ago
A congressional hearing determined he is an insurrectionist , I remember a time when that would have been enough
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@Sissymtz
3 hours ago
This is ridiculous, we all need to write to these judges!!!
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admin
Site Admin
 
Posts: 36660
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Re: Trump v. Anderson: Amici Curiae Briefs

Postby admin » Fri Feb 09, 2024 5:07 am

Page 9 of 12

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1 reply

@ScottHafferkamp
2 hours ago
What a disaster this SCOTUS is… they seem to be poised to absolutely fail in their duties… ugh…
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@ferretfriend5458
3 hours ago (edited)
If it had been any different a decision than keeping him on I would have been shocked, we in Europe know trump has the supreme court in his pocket.. Just do the world a favour and not vote trump in again as your president, you did it once hope you learned your lesson. God save USA from trump
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@jonathanchartrand3351
2 hours ago
Sorry Glenn I can't watch anymore. It's too disturbing to hear the corruption that the Supreme Court displays.
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@Sitting8ull
2 hours ago
If Humpty Trumpty gets elected, then they'll see chaos.
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@mariamadsen878
3 hours ago (edited)
I think the Thomas’s need to be investigated. Why hasn’t this happened? I don’t care who they think they are…
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@cindypieterick9939
2 hours ago
It was so aggravating listening to the Lawyers and justices. I agree with you Glenn 100%
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@snowrose101
2 hours ago
The reality is that the Supreme Court can not ignore The Constitution. This is set law. They MUST enforce it. That's their job.
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@scottryals3191
2 hours ago
This court is quickly losing its legitimacy.
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@johnjeppson1754
3 hours ago
This is a perfect example of the fact that we do NOT have a “Justice System” (even though justice DOES matter)…we have a “Court System” instead.
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@steve29roses
2 hours ago
You are a treasure. It must be sooo frustratimg to see the Supreme Court behave like insurrectionists. Is America slowly rotting from the Supreme Court down?
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@2024spellsfreedom
3 hours ago
Can the corrupt supremes be charged and disbarred if they don't uphold the constitution? Also, for aiding and abetting a criminal and insurrectionist?
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@Ann-of2xy
3 hours ago
Well, there's goes my faith in our justice system
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@TheHungryHoneyBadger
3 hours ago
We need 18 year term limits on justices.
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@jennsprague6080
2 hours ago
As a Canadian, I'm scared for America today
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@josephrapp
3 hours ago
It was 15 min. in, that I could discern the court was leaning heavily towards allowing T. on ballot. Yes, the tedious details became the total emphasis vs, the reality of a criminal who ought to be banned from any office after inciting an insurrection. Disgusting.
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@paulaortega3756
2 hours ago
Poor Lincoln behind you - rolling in his grave. "A house divided will not stand."
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@babsjean9913
2 hours ago
Justice Ginny should have been removed from the case.
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@tomhorsley6566
3 hours ago
If we should be able to vote for anyone we really like, then I should be able to vote for Obama again.
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@marytomlinson4270
3 hours ago
even with all this, he still owns the courts
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@angelaadams3615
2 hours ago
THIS IS WHAT HE WANTS He wants to "take a sledgehammer to our country's RULE OF LAW"... Somebody better stop him
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@cindycharles8134
3 hours ago
They did everything they could to avoid the truth…They had no intention of doing the right thing..
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@reginakelly1783
3 hours ago
Disappointing!!! Make most people blood boils! Shameful!!!
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@GROUNDEDWEST
3 hours ago
Thank you for your presence. You and your team. Team Justice
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@leslieschmitt7749
3 hours ago
There goes that spark of hope I saw momentarily! Shame on them!!
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@gailnelson1152
2 hours ago
It is a sad day for our democracy but thank you Glen for being the sound and reasonable voice I always look forward to.
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@user-mo7cx9fm2h
2 hours ago
If the supreme court doesn’t grow a spine this country is fucked.
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@ednageddes1337
2 hours ago (edited)
I didn’t expect anything different from SCOTUS. It is a shame. All I can do is vote, send some donations to the Democrats, and pray like it’s a matter of life and death. Thank you always Glenn, I don’t miss a single day of your opinion and analysis.
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@ianandalisonstewart4710
2 hours ago
As a New Zealander in New Zealand I have come to the conclusion that allowing justice to be appointed by politics has to end badly. Love the reporting though, Glen.
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@daved2375
2 hours ago
from new zealand keep fighting for justice my thoughts are with u glenn
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@jakemoeller7850
2 hours ago
Term limits for SCOTUS judges.
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@robg.8616
2 hours ago
True, A SAD DAY FOR AMERICA! What happened today puts me in “preparation” of acceptance to have The Criminal Orange Jesus as our president again!
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@paulgilbert1954
3 hours ago
There is a guy who was accused of stealing tomatoes he won his case with the supreme court the accusation of not mentioning whether the tomatoes were red or green Bravo supreme court.
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@Mr__Geno
3 hours ago
Anyone expecting Traitor Thomas to recuse himself was kidding themselves, and Garland should never have hesitated to make a move on Trump. This court was more worried about how they would look instead of ruling on the facts. Thanks for reporting on this Glenn.
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@nancychannel8513
3 hours ago
I think we all knew the Supreme Court Justices would wimp out
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@eileenmurphy1617
2 hours ago
Today I felt like Justice doesn't matter.
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@MariaGonzalez-vv9xk
3 hours ago
Glen the true is that these judges dont want to miss a pay check from Donald trump period.
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@mincretienyo
2 hours ago
I am baffled by the inconsistencies of the supreme Court justices!!!
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@calgal5752
3 hours ago
America definitely sets the bar low!
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@raw1915
3 hours ago
The fly in the soup was the fact that injustice Thomas didn’t recuse himself from the case, given that his wife was materially involved in the insurrection. It’s not just an ethics violation, but also a law violation.
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@AKGD
2 hours ago (edited)
"Details over democracy" well put. They were more focused on finding excuses to avoid being involved than on doing their job. I could almost hear Pontius Pilate applauding them from beyond the grave.
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@johnburns2940
3 hours ago
Don't give up America! Despite your faults you have always been a beacon of hope and possibility for the world. Show us how to rise to the top once again.
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@MaverickneoGamer
2 hours ago (edited)
Question: If Texas gets to defy a Supreme Court ruling, why should Colorado abide by it?
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@augabby7
2 hours ago
What you had to say Glenn was spot on. What can we as the "people" can do to let the Supreme Court know we can see right through them. I am sooooo saddened by this.
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@johnpatterson9219
2 hours ago
Glenn Kirschner’s, most profound and important commentary ever!
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@1supermanprime
3 hours ago
if scotus is going to be useless like this then maybe we don't need the scotus at all, abolish scotus.
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@lex_hayes
2 hours ago
Please please please America wake up. I’m scared in Australia.
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@chadriffs
2 hours ago (edited)
Disqualified is obvious to any sane person
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@janetmcclellen733
3 hours ago
I feel this never gives a chance to get rid of a criminal
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@jimsalman7257
2 hours ago
We’d like to think our federal Supreme Court justices are fair, wise, and gifted with sharp legal minds. But I’m afraid most of them are nothing more than apparatchiks.
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@lindamhubsch4153
2 hours ago
Justice didn't matter to the extreme Justices
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@jamesharvey446
2 hours ago
HERE WE GO AGAIN. NO JUSTICE FOR THE COMMON MAN.
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@kevinegan6311
2 hours ago
In all seriousness....I truly wish Glenn was on the presidential ballot.
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@supermovietimebros6770
3 hours ago (edited)
This is why someone like Glen isn’t on the Supreme Court
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@sylvielelievre3690
2 hours ago
REALLY DISAPPOINTING!!!! Im not looking forward to what's going to HAPPEN to the States!!!!
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@zachcloutier3111
3 hours ago
Jackson and Sotomayor are the only justices on The SCOTUS who I like!
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@jackiering
3 hours ago
They put hypothetical over FACTS!!
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@user-qs1ux3rs2d
3 hours ago
We need 3 more Supreme Court judges.
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@jhill4874
2 hours ago
The GOP (including 2/3 of SC) believe in states' rights, except when they don't like the decisions of said states.
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@kathibell2428
45 minutes ago
Would Nixon been allowed on the ballot?
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@ronshattil7948
50 seconds ago
Is the sculpture of Lincoln on its side a statement of the dire status of our country?
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@jeribryan5603
3 hours ago
He engaged in insurrection and gives aide and comfort to. Why are they refusing to hold him accountable for anything?
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@mhupp751
16 minutes ago
They took trips and private jets, and cruises bribes are more important than the silly old constitution
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@AzecTheButcher
2 hours ago
Ridiculous. It seems pretty clear to me. Supreme court has no guts.
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@user-qx8ni8yz5d
58 minutes ago
Can we expect an insurrection every 4 years ?
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@paulbilger3782
1 hour ago
The court will back Trump because their lives were not in danger on January 6th.
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@davidg4058
2 hours ago
You knew the outcome when SCOTUS took the case without specifying what they were going to review. Politically motivated court can make up anything to justify their position.
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@user-vp7sx3ft6z
24 minutes ago (edited)
I never expected the SCOTUS to spend so much time and effort delving into hyperbole. Absolutely avoiding facts and just proposing “what ifs” for two hours. I expected more intelligent responses, I’m Shocked and disappointed.
admin
Site Admin
 
Posts: 36660
Joined: Thu Aug 01, 2013 5:21 am

Re: Trump v. Anderson: Amici Curiae Briefs

Postby admin » Fri Feb 09, 2024 5:21 am

Part 10 of 12

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@Dragoninja
1 hour ago
Hopefully SCOTUS will come to its senses. LOL LOL
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@mlthewi1287
3 hours ago
You should be a supreme court justice, sir.
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@rachelb315
1 hour ago
What I didn't hear them say, it how they expect the 14th amendment to be used. They just made arguments why it is complicated.
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@steveweing
1 hour ago
Dred Scott 2024
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@barbaradamato3528
2 hours ago
SCOTUS wiggled out of stopping him. Okay. We can still, and must, VOTE him out!!!
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@user-hj9mq6wm7m
23 minutes ago
PLEASE PLEASE PLEASE look in to the money that trump received while he was president from other county's
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@nickcirelli8453
50 minutes ago
Why is ABE tipped over?
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@allisonharrison1173
3 hours ago
Beyond belief!!!! America is broken.
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@maxrico6660
1 hour ago
Looks like the only way we're going to beat Trump is at the polls.
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@missrafaelas
48 minutes ago
This is not a setback for democracy, the best is yet to come... We must learn that the wheels are turning not as fast as we may like, however they are turning in the right direction...
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@JoanL-ox8yw
3 hours ago
It was a rough day for me. Thanks for addressing this. My heart is breaking. It is not like there was no investigation by the House, no determination by Colorado about the insurrection, no consideration of the ongoing DOJ investigation.. . .
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@UserName-sj8fg
1 hour ago
Who is on trial, Trump or the Supreme Court? Both!
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@yvonnewilburne7263
16 minutes ago
He’s disqualified & each state could ignore the supreme court all criminals Stupid is as stupid does
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@orangeremediation5335
2 hours ago
They need to be Impeached!
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@democratpatriot6752
53 minutes ago
Will SCOTUS consider that Trump wants to terminate the basis of our democracy?
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@Malinski66
2 hours ago
Notwithstanding whatever the Supreme Court rules, cannot each state still enforce their own ballot controls? Is this not the ultimate 'states rights' issue of this time?
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@tonyyarbray
1 hour ago
what does any one expect from the republiturd trumpie court?
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@user-cr3py6py6j
1 hour ago
US is very disappointing. Having so many layers re justice and how layers can be stacked by partisan individuals there is something very wrong. Those systems are not thinking about the country but rather about protecting individuals.
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@user-gr6xz7ri8b
3 hours ago
It means that there is no justice for America. It also tells me they put money over democracy.
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@3dbadboy1
1 hour ago
Jack Smith's lawyers didn't say anything?
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@user-xt2jp4mg9c
3 hours ago
They make me sick!
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@dalekundtz760
1 hour ago (edited)
You need to change your closing to 'Justice USED to matter.!"
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@BluegrassHighway
1 hour ago
Not happy
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@brendajeanproffitt6919
3 hours ago
See they don't give a dam about laws or the Constitution see how wrong they are
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@tamaraharrington6327
49 minutes ago

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@ckcox
1 hour ago
It means that no one has a spine... Including our Supreme Court.
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@JustAng1
1 hour ago
Trump is innocent.
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@TheSageThrasher
3 hours ago
No one is coming to save us.
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6 replies

@jonobester5817
54 minutes ago
My right-wing-nut friend says there was no due process in Colorado....?
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@SilverSergeant
1 hour ago
What insurrection? There were no weapons.......and the Constitution states that only Congress can enact the 14th.
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@pabobfin
1 hour ago
When we have to go to the Supreme Court to decide if an insurrectionist can run for a president again I think we are pretty much fucked
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@garywait3231
19 seconds ago
Should the Supreme Court rule in favor of Trump and against Colorado, we have nothing but another partisan Dred Scott verdict, plunging both the Coirt and the Constitution into disrespect, and the Court into contempt, inviting civil disrespect for our so called democracy. As a life-long American political and Constitutional scholar, I am appalled at the possibility and prospect of the Court's ruling against Colorado and for insurrectionist Trump. JUSTICE MATTERS, and a ruling for Trump would be the grossest miscarriage of justice since Dred Scott !!!!!!
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@lesliedavid1244
1 hour ago
Either states have rights or they don’t. They can’t have it both ways.
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@donedeal8385
1 hour ago
I still have trouble believing you thought it would be any different.
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@deathstalker0000
3 hours ago
Behind Glenn, Lincoln lays on his side...Powerful Imagery of this Farce and Disenfranchising Mess... Thanks for being a source of reassurance in these Unsure times Glenn...
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@kathleenchu2775
2 hours ago
Its infuriating Glenn. Thankyou for all you do.
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@transquantrademarkquantumf8894
41 minutes ago
Here are steps that near (. T. )
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@michellem4287
3 hours ago
Why did CO send a first-time attorney to argue this case? They could have gotten plenty of seasoned attorneys. ##VoteBlue4Democracy
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@cynthiadavis3102
1 hour ago
Even Sotomayor!
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@user-sn2vy7pp3c
55 minutes ago
What did you expect a Republican led court to do?
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@kandyturner6854
2 hours ago
I can’t stand to watch this train wreck. All I can say is the United States Government I learned about in Elementary, Jr. High, High School, and college must have been a lie.
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@jeannehamm9016
54 minutes ago
Glenn, you are one of the few sane people. Is there really any justice alive in our nation? tRump Derangement Syndrome has spread so far. Im having panic attacks. Can nothing be done??
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@taritabonita22
1 hour ago
Stupidity! Period! Shocking! Shame!
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@mondoenterprises6710
3 hours ago
They don't want to jeopardize their Trump National Country Club memberships.
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@frankjones3671
1 hour ago
Who paid justice s offs folks ?? That's the ??? Who bought there BS.
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@lizlee8686
1 hour ago
I think it should be left up to the states!:Just like they did the abortion bans.
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@lesleepetersen87
3 hours ago
Details over Democracy. PERFECT!!!
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@sstarkey1695
1 hour ago
Yes, that's what they will do. They will give him immunity, too.
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@joefrommontana252
3 hours ago
Being a Justice of the Supreme Court has got to be one of the easier jobs in law. You start with the answer, then just have to figure out how you reached that conclusion.
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@timvala7577
1 hour ago
And what do we do now? Wait for November and vote him out. And when Donald loses again he’ll say I’ll concede. Right?
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@1serious0mfr
1 hour ago
6:58 its all clear as day
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@mimiolsen7676
3 hours ago
The right on the court was nice to Trump's voice. Snarky to Colorados attorney's.
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@freekfaro5606
22 minutes ago
The good thing is, there's another couple of pages you can rip out of the Constitution, due to uselessness. And that's progress!
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@xx8031
1 hour ago
"94"
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@mrretrovampire
3 hours ago
Great ,clear and accurate breakdown ! Give em hell Glenn
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@QDog736
42 minutes ago
it's the republican party it's not just trump vote blue
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@skypilot2082
3 hours ago
Looks like we have to all work even harder to beat the Chump at the ballot box. I donated a couple of bucks today to Joe and money won't matter if Chump gets in the WH. Thanks Ginny. More justices are needed. Let's do this!!!!
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@michellem4287
3 hours ago
Can we use their logic to end the Electoral College where states can overturn a Federal Election?
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@MENDNZ
1 hour ago (edited)
How is it possible to have well-bribed Claremce Thomas whose wife was part of Jan6...deciding Jan 6 cases???
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@geezzzwdf
1 hour ago
oral arguments can often seem rollercoaster like. hold up your hope it is not over yet.
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@lindagoff5987
3 hours ago
P.S.. Glenn, quite a statement laying Abraham Lincoln on it's side!
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1 reply

@robertvanruyssevelt7159
58 minutes ago
OK if not the states then who? Is the Supreme Court going to disqualify trump?
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@bokchoylochoy3857
1 hour ago
To me SC credibility went caput...
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@deborahharrison8407
2 hours ago
I hope Colorado acts just like Texas did an do their own bidding. If Abbott can ignore the court so can they
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@johnbrowneyes7534
1 hour ago
People have to vote in November. Rejecting 45 a second time is the only way to go.
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@NoahSpurrier
1 hour ago
I felt that this wasn’t a great move to make. It felt like a long shot and wasn’t worth it.
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@desireeburton3923
1 hour ago
I'm patiently waiting but my stomach hurts. #scotus WON'T LOSE THEIR JOB! And ANY ONE of them SHOULD MOVE to #RUSSIA
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@claytondenton2385
3 hours ago
We gotta keep together and stand strong. 24 is the year. We make a true difference with 2024s voting
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@colleenbrady9675
1 hour ago
Have we waited too long to do something about Jan.6th? Is this going to be swept under the rug ? Is dt our soon 2 B Dictator?
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@user-rk4gm6fw2u
56 minutes ago
When Donald Chump requested The initial application for running for president last year, they should had denied him then
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@kylorenthehusky2584
3 hours ago (edited)
Glenn, did Colorado pick the right attorney? He did not seem seasoned enough to go up against the SC. If only we could multiply Jamie Raskin.
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@paulbilger3782
1 hour ago
The court will back Trump because their lives were not in danger on January 6th.
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@Chode571Ops
1 hour ago
Or aid and comfort where was that. I they have done is praise those insurrectionist?!?
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@zebbie09
3 hours ago
Keep on fighting the good fight brother! You have really helped me keep my sanity in these turbulent times….
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@phylis3917
1 hour ago
Semantics yes. Think they forgot about right and wrong. Perhaps that simple concept too heavy. Fortunately it’s generational. Inconsistencies yes. Term limits! Higher conscience needed.
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@namelessjedi2242
3 hours ago
Is anyone surprised? Will anyone do anything about it? Sadly, the answer to both is no.
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@rdbeckett590
1 hour ago (edited)
horror movie. As Stephen king has said, “trump is more scary—than any book I’ve written.”
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@joyannreiser4985
3 hours ago
Justice used to matter.
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@beccagross1525
1 hour ago
Idk why the court would even allow him o. The ballot cause he even admitted he did a insurrection
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@pimphandduke8447
2 hours ago
And still there are people who think that the lackeys he appointed will somehow have a sudden case of conscience and put law and order above and beyond their master's wishes.
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@mm-tc3kt
26 minutes ago
That's just the Court's way of chickening out from calling a spade a spade. Hemming and hawing about the "details" to avoid doing the substantive--- in effect, theater. It's banana republic time.
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@leefradkin9077
1 hour ago
This so on fucking target.
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@randallbruursema7553
2 hours ago
respect for the S, court went out the window
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@charliebonifacio2587
24 minutes ago
Can a Supreme Court decision be appealed ?
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@marianagabel8361
3 hours ago
Don't lose hope! The decision was only in regards of being on the ballot, not including holding office. Important distinction.
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@user-ib5zk5jk2v
23 minutes ago
Thomases wife was an actively participating in the insurrection.
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@user-uq4oh6sv5h
3 hours ago
I waited all day for your input Glenn.
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2 replies

@buterrier2001
38 minutes ago
Glenn - fix Honest Abe!!
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@tomb5372
2 hours ago
What's next? SCOTUS saying that the 1st amendment doesn't apply anymore?! Absolutely ridiculously if they say the 14th amendment doesn't exist...
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Re: Trump v. Anderson: Amici Curiae Briefs

Postby admin » Fri Feb 09, 2024 5:25 am

Part 11 of 12

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@AstraFulminous
1 hour ago
Technically what they are doing is helping an insurrection if they are trying to micro their way out him being caught.
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@HollyMattson
3 hours ago
It turned out exactly like i.predicted . No big shocks here
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@williamlay6981
1 hour ago
An that is the end of the story. We can get better odds at a casino.
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@cjzito
2 hours ago
They're cowards. It's that simple.
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@sarahwilliams9310
1 hour ago
should they not have decided if he was guilty of insurrection first in wich case the 14 amendment would apply would it now ?
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@loisbutler947
1 hour ago
There were Trump lawyers at the scotus, were there any other lawyers there also?
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@jeffdroz5294
3 hours ago
Mueller, nope Colorado, nope Republican legislators, nope Georgia, doubt it Smith? Maybe Voting Americans? I have my doubts.
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@telebubba5527
54 minutes ago
I basically said the same thing in a post today, although not as elaborate. But the kernel of the message was the same, with the same arguments. The only thing is that I left the conclusion open. We have to see what the Supreme Court decides on this and if they are willing to uphold the US Constitution or not. If they don't it will have far reaching consequences, taking away the freedom of the people to bring forward an insurrectionist and to block him/her from being elected to serve at the highest office. Being a president is about being able to serve America, not for America to serve the president! That is what will happen if they reject the Colorado Supreme Courts decision.
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@user-nc4nw5jr7u
1 hour ago
Thank you but is so sad our Supreme Court not working for country when Supreme Court braking the law of constitution and with out taxpayer they are working for enemies of country for those peoples have money and power and crooks is sad day for our democracy
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@jeanthehumanbean8265
2 hours ago
I KNEW they would nitpick the semantics!!! Can't see the forest for the trees ... Well, they can pick the fly doo-doo out of the pepper all they want, I guess. Folks, it looks like it's up to us citizens to make it UNMISTAKABLY KNOWN that WE DON'T WANT HIS TYPE IN THE PEOPLE'S HOUSE!!! VOTE BLUE!!!
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@r1133rocco
58 minutes ago

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@ronkean111
1 hour ago
Right! But, as the Justices spun their webs I was entranced in the mechanics of their reasoning.. And Yes ! Was horrified at their exclusion of the the Elephant..And rolled along their reasoning path towards... Individual States Cannot Decide ... Ugghhh!!! I’m gonna go listen to music I hate politics Best of luck
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@grahamjl766
2 hours ago
We all know how this is going to end... We just have to get out and vote.
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@lorischneider7100
2 hours ago
Would they still be turning a blind eye if the noise that was hanging in front of the Capitol been used? Great video Glenn Kirschner. I cannot believe it has been 3 years since I started watching your videos and we are still waiting for justice. Is justice coming? Hard to keep the faith.
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@patrickfry9282
1 hour ago
Bolivia beckons?!
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@barbaram5787
2 hours ago
I was very disappointed in the lawyers for Colorado. They did not seem prepared and they didn’t bring forth their best arguments.
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@rockerobertson4002
36 minutes ago
Spineless
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@jamesharmon4994
3 hours ago
I've been saying SCOTUS would find some way to oppose disqualification.
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@tourlounettetourlou8518
56 minutes ago

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@timothyberglund2528
2 hours ago
Besides, Virginia Thomas was responsible for organizing the rioters to report to the Congress capitol building to raise the insurrection against our democracy and Clarence Thomas should be recused from taking part. In this situation there goes our democracy
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@sammisequoyah6058
1 hour ago
If justice matters then do something about it.. money can be raised to pay for it because the legal system is all about making money above anything
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@marci9983
3 hours ago
I wish Glenn had been there arguing before the SC!
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@enmanueldelgado1348
3 hours ago
Listening to the hearing earlier...you can just tell how the justices were speaking and questioning that it wasn't going well. More concerned with being condescending.
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@Ozworldz
1 hour ago
Shouldn't it be 8 million not 80 million
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@GaryDean
6 minutes ago
bye bye, amerika. nice knowing you.
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@omarkhoury3375
3 hours ago
Blue Tsunami !!!
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@ceciliamarquesdicolla4274
14 minutes ago
Life Subscribe
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@TheMamonti1
1 hour ago
Here is my problem.. justice delayed.... The day trump announced he was running was the day all the states should have complained and of course .................about a 2 year delay to appoint Jack Smit. But Justice will still come!
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@jamesditsworth3845
2 hours ago
Damn, Glenn. I wish you had been arguing before the supreme court today.
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@mjc0961
1 hour ago
Title made me said, then I said "OH NO!" out loud at the chair dude statue on its side instead of sitting atop some books (sorry I don't know what that statue is)
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@kennethkilat1269
56 minutes ago
Insurrection, rather
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@gregwalker6281
3 hours ago
I'm more concerned about him being immune from prosecution
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2 replies

@kirkmanley3164
3 hours ago
Appreciate your thoughts and feel your frustration.
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@lancenowicki7400
1 hour ago (edited)
Truth is this is Republican calling out a Republican so this should make that ruling that much easier. It would for sure be political if it was Democrat calling out this Republican. JS
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@Anubisuicideify
2 hours ago
This is just another blow to SCOTUS credibility. It REALLY sucks everything always ends up at SCOTUS, seems unbalanced. Then again, unlike the other branches, it used to be apolitical.
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@tommcfadden5232
1 hour ago
“What is the difference between office and officer?” Well, that depends on what your definition of is, is .
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@jeannewebster4992
3 hours ago
If the Supreme Court is going to twist and turn the English language to suite their purpose, what is the point of the constitution?
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@PleaseDontEatTheAnimals
2 hours ago
I guess justice matters only to some of us...apparently not to SCOTUS.
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@katc2345
1 hour ago
Thats why thatcmfer didnt show up at court, thomS probly called him n said dint worry don, we got your back!
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@cwchar
3 hours ago
What happens to the Jan 6 case if SCOTUS rules he did not engage in insurrection?
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@Thor13332
2 hours ago (edited)
This is one of the reasons voting matters. The SCOTUS would not be in this state if people would have turned out and voted against the gop. This is not surprising.
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@slamaina
1 hour ago
Why is your Lincoln statue on its side?
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@joegrizzle9482
1 hour ago
Bullshit they are owned by billionaires, every one of them.
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@JohnMichaelOLearyakaWordman
2 hours ago
I listened to the proceedings and was a little disappointed in the caliber of thought expressed by the justices. I always thought these people were supposed to be among the smartest in the land. They don’t sound like they are.
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@sharpnote1480
3 hours ago
This is your best review of the court to date. Very good video.
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@The6thelement9413
1 hour ago (edited)
VOTE BLUE 2024 . It’s all we can do because our Justices are sitting way to high in their ivory towers and not facing reality or Trump is paying off his appointees.
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@robylove9190
3 hours ago
Hello SCOTUS. Goodbye democracy.
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@nomore6167
1 hour ago
In the Dobbs decision, the Supreme Court overruled Roe by declaring that "the Constitution does not confer a right to abortion", thus abortion is now a matter for each individual state. Well, the last time I checked (just now), the Constitution does not confer unto the federal government any rights to regulate a state's election for President and Vice President. Article I, Section 4, declares that Congress may make or alter regulations regarding "the Times, Places and Manner of holding Elections for Senators and Representatives", but it says nothing about the manner of holding primary or general elections for President and Vice President. As such, elections for President and Vice President are a matter for each individual state.
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@robertcarrasco2504
3 hours ago
Thank you Glenn
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@dannyspitzer1267
2 hours ago
You nailed it Glenn...
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@jeffamero4082
2 hours ago
A very good review of a very sad day.
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@JC-tp5lz
3 hours ago
Today was NOT a good day for justice! Very disappointing how the SC got caught up in irrelevant details instead of focusing on the REAL WORDING of the 14th Amendment. Looks like Trump will be staying on the ballot. I'm so frustrated and feel "beaten down". This seems to put Trump one step closer to the White House.
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@karldettling5981
1 hour ago
Wake up you republican voters! If you don't our life is going to be a real mess. And in more ways then you can imagine.
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@samuelmartinez7418
4 minutes ago
Is there anything we can do glenn?
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@MisterD0F
3 hours ago (edited)
With all due respect, I called everyone who said the Supreme Court would remove him a fool. This would be a 9-0 ruling.
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2 replies

@fernalicious
3 hours ago
It was a lesson in slippery slope fallicy. Rough day for logical thought.
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@12RColeman
1 hour ago
See no evil, hear no evil, speak no evil it clear the law is not what matters so doom have been chose for electorates let have a good laugh Nero
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@kimhuskey6115
3 hours ago
This opens a whole new can of worms. I’m convinced scotus will rule in trumps favor and it will then be up to congress to remove him or not seat him on Jan 06. Then what? Will his VP be seated instead or ? The other candidate? We learning a mega ton these days.
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@FrankGruden
1 hour ago
so tired of this bs. A country of laws for the wealthy and powerful. The rest of us, not so much. Justice matters? I don't think so.
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@sjorlando7282
3 hours ago
I’m betting they give him the immunity he wants
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@ronward3949
45 minutes ago
Muk
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@teofilorodriguez7116
14 minutes ago
It sound to me that the 14 amendment is not valid or it does not apply to future criminal candidate
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@nato8597
1 hour ago
I just did a search, and I can't find a single court document where Trump has actually been "Charged" with an insurrection. Can someone here please post a link to that court document. Thanks
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@gobigorange
1 hour ago
He’s still engaging in insurrection, I’ve said that since 01/06 an I’m not a legal scholar. It is, what is, it’s not a debate
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@walterrumohr7090
1 hour ago
Long live America to become Trump Empire.
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@AlStaClara
1 hour ago
Simple questions. 1. Did trump engaged in the jan 6 event? Yes 2. If jan 6 is not an insurrrection, what is it? 3. So if trump is guilty of insurrection, does the 14th amendment apply? THAT SHOULD BE THE QUESTION TO BE ANSWERED!
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@vascodesena
59 minutes ago
"What's a word?-- can't get the grasp of it... What letter does it start with? I think I see an igorok!" (SCOTUS, looking in the mirror and finding... nothing to brag about-- just dust waiting to get poofed off the table, drunkards eyeing a fly on the stein).
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@joanne2196
9 minutes ago
Did you expect anything different from the supreme court?
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@user-jy4oo3pu8r
47 minutes ago
Do you really think the Supreme court is going to side against Trump?
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@samuelmartinez7418
5 minutes ago
I told you guys he and tbey are being pId.
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@dimicdragan5922
1 hour ago
I listened to the discussion... they have fully and completely missed the point... and this is your supreme court... what is their role again... ?? They seem not to understand the meaning of insurection... which is what was the whole point of the case
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@bifbifler9657
1 hour ago
Trump sure did make the corrupt democrats mad.
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@scottlancia3553
34 minutes ago
From what I heard, which was not all, was disappointing. It was pointed out that Senators and Representatives are NOT officers of the US and that was extended to the President and Vice President as elected positions. This is fundamentally wrong. Senators and Representatives (and electors) are not officers of the United States because they have no responsibility to citizens of other States. They are officers of their respective State. It is about constituency, The President and Vice President have the entire citizenry of the United States as their constituency, and are hence officers of the US in the context of the 14th amendment, its about who they serve. The 14th listed specific offices that were included that ARE not offices of the US, the fact that the presidency and vice presidency are not so listed is the most bare evidence that those that wrote it considered those positions to be officers of the US. Finally, if they intended those positions to be excluded here they would have said so, a simple sentence "The Presidency and Vice Presidency are exempt from this disability." All losing sight of the forest while arguing over the trees...
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@anneparrish2247
1 hour ago
Well that will be a problem. Do they realize that one hundred years hence it will be seen as having set the law. Trump is not that important, no one is. But our country and the laws we have are. Wouldn’t a justice get that right off.
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@doizece6002
1 hour ago
This is why they added the second amendment into the constitution.
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@fayskelley
34 minutes ago

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@justrj1
1 hour ago
why is anyone surprised by this? I can't believe he has gotten this far, but billions of dollars can buy a lot of people. Just sayin...
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@tymcfadden8496
1 hour ago
The end of our great experiment will come carrying a Bible and wrapped in The Stars and Stripes.
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@ebeing2955
1 hour ago
why didnt you tell us about griffin.
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@SilverSergeant
1 hour ago
Your dislike of mean tweets doesn't TRUMP the Constitution. The Constitution states that only Congress can enact the 14th.
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@karenbarrett6734
1 hour ago
Does this court decision have any effects onJack Smiths case?
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Re: Trump v. Anderson: Amici Curiae Briefs

Postby admin » Fri Feb 09, 2024 5:27 am

Part 12 of 12

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@ronkean111
1 hour ago
I couldn’t agree with more!
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@thomastynan2900
29 seconds ago
My Kingdom for an offramp. Oh, let us never mention Donnie's name. Parsing the law into a thousand pieces. Getting themselves off the hook. The reputation of the Supreme Court is rotten and corrupt to the core. What horrors this Court has wrought. On us all. Picked a President stopped an election. women's rights were reduced to domestic servants. Any money to politicians is free speech. Voter rights were taken away, and removed. The Supreme Court just participated in their own extinction. A shell with no power under the despot Donald J Trump.
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@russellwilliams5065
1 hour ago
Tbh did anyone think they were gonna kick him off the ballot? Morally he should be off the ballot, but they are there for legal arguments not moral ones. It’s not good but that’s what they are going to do.
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@eileencremin1007
23 minutes ago
You have lost your Country
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@Dianegoe
1 hour ago
We are so fucked!
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@larrylarry9278
1 hour ago
Republican judges enough said.
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@mikemalloy1681
1 hour ago
I don't believe that the Supreme Court is seeing the big picture here. The arguments in part focused on whether or not Jan 6, was a "riot" or an "insurrection". A riot is an un focused expression of a crowd, a "public disturbance". This disturbance may or may not have a specific focal point. Whereas, an insurrection may begin as a riot, but can and will accelerate into a focused movement of a large crowd in-order to extract or obtain some gain, not other wise achieved by normal means. The whole purpose of Donald Trump summonsing the crowd to Washington, on 6 Jan was to, inhibit, stop, or prevent Joe Biden from being officially elected as President of the United States. This objective almost came to fruition. It appears that the Supreme Court does not understand the weight or gravity of this situation, and is focusing on tangential positions that at face value do not have significant merit. Do they not see that Democracy is on the line here? If they rule that Trump may stay on the ballot in Colorado, this conclusion will in effect negates the 14th Amendment.
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@Yeahok-pc2jd
31 minutes ago
Abortion had been illegal in all states since the late 1800’s, it was legalized in 1973, then ruled illegal again in 2022 and now it varies between states. Weed was illegal in all states and now it also varies between states. Gay marriage was illegal in all states and now it’s legal in all states, even though in Maine it was put to a public vote and was struck down by We The People, but politicians waited a year or so, then without asking the people this time, made it legal, regardless of the fact that it was totally opposite of the way the majority of people had voted. Their voices that are not given the chance to speak often were silenced and spoken over. I hope that’s not legal according to the Constitution, but either way it already transpired. How many other states used/use the same tactic? The top tier of our Justice System, SCOTUS is blatantly corrupt, but not much more than many sitting politicians. (R)Santos was removed but (D)Menendez is still in office, charged with accepting bribes in exchange for lucrative political favors and what prosecutors described as efforts to derail criminal investigations, among other deceitful crimes. The entire R Party participated in the first insurrection against our country since the Civil War, or condoned it by way of their silence and not doing anything in an attempt to prevent it, and most of them protect the leader of it all, former POTUS D Trump, to this day. MTG, Boebert, Gaetz, Jordan and others of that ilk are sitting politicians… Biden does stumble while walking or talking often, but so does the seemingly delusional Donald, who is allowed to run for office again and is campaign promising to become a dictator. Our current VP is Kamala Harris, who was chosen for her race and gender more so than her qualifications. Who in their right mind would trust a system of government that does this and is in this state of affairs?? It’s past time to stop beating the dead horse that our system has become, but it’s still a cash cow and so it continues… ️ WTP need to take back the power we loaned them before they let autocrats among them convert our country to anti democracy and a dictatorship.
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@elenademurias936
1 hour ago
why don't any of you scream about the corruption?
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@charlesjlongh
1 hour ago
Your Supreme 'Court' is far too political
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@user-bk8vg1gl1b
52 minutes ago
Vote blue in November
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@premv401
24 minutes ago
why do you say "we fight on"
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@nomore6167
1 hour ago
Fun fact -- you could make a credible argument that NOBODY is eligible to be President. Article II, Section 1, of the Constitution states, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States." Well, nobody alive today was a natural born citizen, or a citizen of the United States, at the time the Constitution was adopted. Thus, nobody alive today is eligible to be President. Such a notion is obviously ridiculous, which is why you need to apply common-sense logic when reading the Constitution rather than taking a purely literal interpretation.
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@nomad634
1 hour ago
Thwy didn't care about chaos when they handed the fascists the roe victory.
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1 reply

@rosebud7951
27 minutes ago
Oh, Glenn, Glenn, Glenn - you are too sense full and let facts blind you from ignorance.
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@lilstinker-xi4ln
54 minutes ago

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@funksfunk
49 minutes ago
THE JUSTICE SYSTEM IS BROKEN. I’m done listening to your bullshit of hope.
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Re: Trump v. Anderson: Amici Curiae Briefs

Postby admin » Thu Mar 07, 2024 9:17 am

The Supreme Court’s “Unanimous” Trump Ballot Ruling Is Actually a 5–4 Disaster
by Mark Stern
Slate
MARCH 04, 2024 11:56 AM

On Monday, the Supreme Court unanimously reversed a Colorado Supreme Court decision removing Donald Trump from the ballot because of his engagement in an insurrection on Jan. 6. But that top-line holding is where the unanimity ended because five conservative justices just couldn’t help themselves: They went much further than the case required, announcing an entirely new rule that Congress alone, through “a particular kind of legislation,” may enforce the constitutional bar on insurrectionists holding office. As the three liberal justices pointed out, in a separate opinion that glows white-hot with indignation, the majority’s overreach “attempts to insulate all alleged insurrectionists from future challenges to their holding federal office.” They are, of course, correct. After this decision, it is impossible to imagine a federal candidate, up to and including the president, ever being disqualified from assuming office because of their participation in an insurrection.

Monday’s case, Trump v. Anderson, is proof positive that the Supreme Court can act at rapid speed to resolve a dispute of national importance—at least when Trump’s own interests are under threat. The Colorado Supreme Court disqualified Trump on Dec. 19. SCOTUS took up the case on Jan. 5 and heard arguments on Feb. 8. Now, less than a month later, the justices have resolved the case in Trump’s favor. The court’s ultra-accelerated consideration of Anderson sits in sharp contrast with its treatment of Trump’s claim of absolute immunity in his criminal trial over Jan. 6, which the justices have, by comparison, slow-walked to the point that it appears unlikely the former president could face trial before November. This disparity alone may provide a clue that there is something other than law afoot in these cases.

Anyone in need of another clue can look to the majority’s unsigned opinion in Anderson shielding Trump from removal by the states. This case involved a genuinely difficult dispute: Section 3 of the 14th Amendment, enacted in the wake of the Civil War, bars former insurrectionists from reclaiming office but does not explain how this bar should operate.[???!!!]

...Section Three is self-executing, as Grant and his men understood. Thus, Section Three can be properly executed by state officials of all sorts as part of a fifty-state solution.

-- 01/18/24: AMICUS CURIAE BRIEF OF AKHIL REED AMAR AND VIKRAM DAVID AMAR IN SUPPORT OF NEITHER PARTY, BY VIKRAM DAVID AMAR


A group of voters urged the Colorado courts to enforce the amendment on their own, under a state law that lets voters challenge any candidate’s legal qualifications for office. The Colorado Supreme Court heeded the call and dumped Trump from the ballot. All nine justices have now agreed that states may not unilaterally disqualify a presidential candidate. Doing so, they reasoned, would allow a handful of states to effectively determine the outcome of a presidential election, undermining the inherently national nature of both the election and the presidency itself. The Constitution’s division of authority between the federal and state governments cannot permit a state’s go-it-alone effort to disqualify a federal candidate who’s running to represent the entire country.

That, however, is where the agreement ends. Five justices—Chief Justice John Roberts, joined by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh—went further: They declared that only Congress may enforce the insurrection clause against federal candidates. How, exactly? The majority says that Congress must “prescribe” specific procedures to “ascertain” when an individual is disqualified under the 14th Amendment. Such procedures, of course, do not exist today. And without them, the majority insists—in just a few paragraphs of sparse reasoning—the insurrection clause cannot be enforced against office seekers. It derives this conclusion from two primary sources: “Griffin’s Case,” an 1869 opinion written by Chief Justice Salmon Chase, acting as a circuit judge, and Section 5 of the 14th Amendment, which says, “Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”

Soon after the Fourteenth Amendment formally came into effect in mid-1868, America elected Grant president. Grant placed Brevet Major General Edward Canby in charge of Virginia’s Reconstruction....

Shortly after the Fourteenth Amendment’s formal promulgation, Canby properly concluded that Section Three was self-executing. Any disqualified candidates in the Virginia elections, Canby announced, would not “be allowed to enter upon the duties of the offices to which they may have been chosen, unless their disabilities have been removed by Congress.”19 He kept at least two disqualified candidates-elect out of the legislature.20

When word of Canby’s constitutional decisions reached Congress, John Bingham, a chief architect of the Fourteenth Amendment, cheered. “[T]hat veteran officer,” Bingham said, “faithful to his duty, excluded from the Legislature of Virginia in its organization every man who could not swear he was not disqualified by the provisions of the fourteenth article of the amendments of the Constitution.”21

Canby acted on his own initiative. No congressional statute had specifically provided for “proceedings, evidence, decisions, and enforcements of decisions”
contrary to Chief Justice Chase’s claim on circuit that these “are indispensable.” In re Griffin, 11 F. Cas. 7, 26 (C.C.D. Va. 1869).22 Like other military governors under President Grant,23 Canby took the Constitution at its word....

-- 01/18/24: AMICUS CURIAE BRIEF OF AKHIL REED AMAR AND VIKRAM DAVID AMAR IN SUPPORT OF NEITHER PARTY, BY VIKRAM DAVID AMAR


The three liberal justices wrote a separate opinion, authored jointly, to explain why this reasoning fails. First, Griffin’s Case was, until Monday, widely discredited as the political handiwork of a chief justice plotting to run for the presidency as a great conciliator between North and South. It is “a nonprecedential, lower court opinion by a single Justice in his capacity as a circuit judge,” as the liberal justices wrote. Moreover, Sen. Lyman Trumbull, an author of the 14th Amendment, resisted the logic of Griffin’s Case, declaring that while congressional legislation might provide a “more efficient and speedy remedy” for disqualifying a candidate, it is the 14th Amendment itself that “prevents a person from holding office.”

Second, it is bizarre to claim that the insurrection clause requires enabling legislation by Congress when the remainder of the 14th Amendment—indeed, all three amendments ratified after the Civil War—is “self-executing” (meaning it does not require congressional action for enforcement). Everyone agrees that Congress need not pass a law to ensure that all persons have due process, equal protection, and freedom from enslavement. Why, the liberals wondered, did the majority create “a special rule” for the insurrection clause alone? They added that the clause does mention congressional action, but only to say that Congress may lift a disqualification by two-thirds vote: “It is hard to understand why the Constitution would require a congressional supermajority to remove a disqualification if a simple majority could nullify Section 3’s operation by repealing or declining to pass implementing legislation.”


These disagreements matter a great deal. As the liberals point out, the majority’s sweeping Congress-only approach “forecloses judicial enforcement” of the insurrection clause—in, for instance, the context of a criminal trial involving an insurrectionist. It also bars future enforcement on the basis of “general federal statutes” that compel “the government to comply with the law,” since the majority says any congressional enforcement must be “tailored” to the insurrection clause. And it even empowers the Supreme Court to prevent Congress from disqualifying an insurrectionist in the future, because the court can claim that any enabling legislation did not adhere to the made-up rules in Monday’s opinion. By blocking off these pathways, the liberals wrote, the majority “foreclose future efforts to disqualify a presidential candidate under that provision. In a sensitive case crying out for judicial restraint, it abandons that course.” They continued:

Section 3 serves an important, though rarely needed, role in our democracy. 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.


Notably, the liberals actually had Justice Amy Coney Barrett on their side too. She authored a separate opinion expressing her disapproval of the majority’s overreach but declining to say more because [said] “the court should turn the national temperature down, not up.” So, in effect, Anderson is a 5–4 decision, with a bare majority effectively repealing the insurrection clause for federal officeholders. The liberals’ disapproving citations to Bush v. Gore and Dobbs give a sense of how disastrously they believe the majority went astray.

It should go without saying that Congress will not enact legislation enforcing Section 3. The Republican Party is about to renominate the alleged insurrectionist in this case as its candidate for the presidency in 2024. The party is complicit in the violent events of Jan. 6. It will not allow any insurrection-related laws to clear the Senate filibuster. The whole point of a written constitution is that it can protect individual rights and democracy even when the democratic process itself is corrupted or compromised. SCOTUS has backtracked from that guarantee just when American democracy needs it most.

In their incandescent opinion, the liberal justices walk right up to the line of accusing the majority of doing a special favor for Trump. They are right to do so, and they would have been justified to cross it. The majority had no reason to nullify the insurrection clause other than an obvious desire to ensure that no other federal candidates are nixed from the ballot because of their participation in Jan. 6. An optimist might say that by doing so, the majority was just trying to inject stability into the upcoming election. But close court-watchers know that every time this Supreme Court waves the flag of stability, it does so on behalf of Trump and his allies. Anderson’s bottom-line outcome is certainly defensible. But the rest of it serves as an unwarranted gift to Donald Trump and the oathbreakers who violently assisted his efforts to overturn a free and fair election.
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Re: Trump v. Anderson: Amici Curiae Briefs

Postby admin » Thu Mar 07, 2024 10:13 am

Part 1 of 2

SUPREME COURT OF THE UNITED STATES
No. 23–719

DONALD J. TRUMP, PETITIONER v. NORMA ANDERSON, ET AL.

ON WRIT OF CERTIORARI TO THE SUPREME COURT OF COLORADO

[March 4, 2024]

PER CURIAM.

A group of Colorado voters contends that Section 3 of the Fourteenth Amendment to the Constitution prohibits former President Donald J. Trump, who seeks the Presidential nomination of the Republican Party in this year’s election, from becoming President again. The Colorado Supreme Court agreed with that contention. It ordered the Colorado secretary of state to exclude the former President from the Republican primary ballot in the State and to disregard any write-in votes that Colorado voters might cast for him.

Former President Trump challenges that decision on several grounds. Because the Constitution makes Congress, rather than the States, responsible for enforcing Section 3 against federal officeholders and candidates, we reverse.

I

Last September, about six months before the March 5, 2024, Colorado primary election, four Republican and two unaffiliated Colorado voters filed a petition against former President Trump and Colorado Secretary of State Jena Griswold in Colorado state court. These voters—whom we refer to as the respondents—contend that after former President Trump’s defeat in the 2020 Presidential election, he disrupted the peaceful transfer of power by intentionally organizing and inciting the crowd that breached the Capitol as Congress met to certify the election results on January 6, 2021. One consequence of those actions, the respondents maintain, is that former President Trump is constitutionally ineligible to serve as President again.

Their theory turns on Section 3 of the Fourteenth Amendment. Section 3 provides:

“No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”


According to the respondents, Section 3 applies to the former President because after taking the Presidential oath in 2017, he intentionally incited the breaching of the Capitol on January 6 in order to retain power. They claim that heis therefore not a qualified candidate, and that as a result,the Colorado secretary of state may not place him on theprimary ballot. See Colo. Rev. Stat. §§1–1–113(1), 1–4–1101(1), 1–4–1201, 1–4–1203(2)(a), 1–4–1204 (2023).

After a five-day trial, the state District Court found that former President Trump had “engaged in insurrection” within the meaning of Section 3, but nonetheless denied the respondents’ petition. The court held that Section 3 did not apply because the Presidency, which Section 3 does not mention by name, is not an “office . . . under the United States” and the President is not an “officer of the United States” within the meaning of that provision. See App. to Pet. for Cert. 184a–284a.

In December, the Colorado Supreme Court reversed in part and affirmed in part by a 4 to 3 vote. Reversing the District Court’s operative holding, the majority concluded that for purposes of Section 3, the Presidency is an officeunder the United States and the President is an officer of the United States. The court otherwise affirmed, holding (1) that the Colorado Election Code permitted the respondents’ challenge based on Section 3; (2) that Congress need not pass implementing legislation for disqualifications under Section 3 to attach; (3) that the political question doctrine did not preclude judicial review of former President Trump’s eligibility; (4) that the District Court did not abuse its discretion in admitting into evidence portions of a congressional Report on the events of January 6; (5) that the District Court did not err in concluding that those events constituted an “insurrection” and that former President Trump “engaged in” that insurrection; and (6) that former President Trump’s speech to the crowd that breached the Capitol on January 6 was not protected by the First Amendment. See id., at 1a–114a.

The Colorado Supreme Court accordingly ordered Secretary Griswold not to “list President Trump’s name on the 2024 presidential primary ballot” or “count any write-in votes cast for him.” Id., at 114a. Chief Justice Boatright and Justices Samour and Berkenkotter each filed dissenting opinions. Id., at 115a–124a, 125a–161a, 162a–183a.

Under the terms of the opinion of the Colorado Supreme Court, its ruling was automatically stayed pending this Court’s review. See id., at 114a. We granted former President Trump’s petition for certiorari, which raised a single question: “Did the Colorado Supreme Court err in ordering President Trump excluded from the 2024 presidential primary ballot?” See 601 U. S. ___ (2024). Concluding that it did, we now reverse.

II

A

Proposed by Congress in 1866 and ratified by the States in 1868, the Fourteenth Amendment “expand[ed] federal power at the expense of state autonomy” and thus “fundamentally altered the balance of state and federal power struck by the Constitution.” Seminole Tribe of Fla. v. Florida, 517 U. S. 44, 59 (1996); see also Ex parte Virginia, 100 U.S. 339, 345 (1880). Section 1 of the Amendment, for instance, bars the States from “depriv[ing] any person of life, liberty, or property, without due process of law” or “deny[ing] to any person . . . the equal protection of the laws.” And Section 5 confers on Congress “power to enforce” those prohibitions, along with the other provisions of the Amendment, “by appropriate legislation.”

Section 3 of the Amendment likewise restricts state autonomy, but through different means. It was designed to help ensure an enduring Union by preventing former Confederates from returning to power in the aftermath of the Civil War. See, e.g., Cong. Globe, 39th Cong., 1st Sess.,2544 (1866) (statement of Rep. Stevens, warning that without appropriate constitutional reforms “yelling secessionists and hissing copperheads” would take seats in the House); id., at 2768 (statement of Sen. Howard, lamenting prospect of a “State Legislature . . . made up entirely of disloyal elements” absent a disqualification provision). Section 3 aimed to prevent such a resurgence by barring from office “those who, having once taken an oath to support the Constitution of the United States, afterward went into rebellion against the Government of the United States.” Cong. Globe, 41st Cong., 1st Sess., 626 (1869) (statement of Sen. Trumbull).

Section 3 works by imposing on certain individuals a preventive and severe penalty—disqualification from holding a wide array of offices—rather than by granting rights to all. It is therefore necessary, as Chief Justice Chase concluded and the Colorado Supreme Court itself recognized, to “‘ascertain[] what particular individuals are embraced’” by the provision. App. to Pet. for Cert. 53a (quoting Griffin’s Case, 11 F. Cas. 7, 26 (No. 5,815) (CC Va. 1869) (Chase, Circuit Justice)). Chase went on to explain that “[t]o accomplish this ascertainment and ensure effective results, proceedings, evidence, decisions, and enforcements of decisions, more or less formal, are indispensable.” Id., at 26. For its part, the Colorado Supreme Court also concluded that there must be some kind of “determination” that Section 3 applies to a particular person “before the disqualification holds meaning.” App. to Pet. for Cert. 53a.

The Constitution empowers Congress to prescribe how those determinations should be made. The relevant provision is Section 5, which enables Congress, subject of course to judicial review, to pass “appropriate legislation” to “enforce” the Fourteenth Amendment. See City of Boerne v. Flores, 521 U. S. 507, 536 (1997). Or as Senator Howard put it at the time the Amendment was framed, Section 5“casts upon Congress the responsibility of seeing to it, for the future, that all the sections of the amendment are carried out in good faith.” Cong. Globe, 39th Cong., 1st Sess.,at 2768.

Congress’s Section 5 power is critical when it comes to Section 3. Indeed, during a debate on enforcement legislation less than a year after ratification, Sen. Trumbull noted that “notwithstanding [Section 3] . . . hundreds of men [were] holding office” in violation of its terms. Cong. Globe,41st Cong., 1st Sess., at 626. The Constitution, Trumbull noted, “provide[d] no means for enforcing” the disqualification, necessitating a “bill to give effect to the fundamental law embraced in the Constitution.” Ibid. The enforcement mechanism Trumbull championed was later enacted as part of the Enforcement Act of 1870, “pursuant to the power conferred by §5 of the [Fourteenth] Amendment.” General Building Contractors Assn., Inc. v. Pennsylvania, 458 U. S. 375, 385 (1982); see 16 Stat. 143–144.

B

This case raises the question whether the States, in addition to Congress, may also enforce Section 3. 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.

“In our federal system, the National Government possesses only limited powers; the States and the people retain the remainder.” Bond v. United States, 572 U. S. 844, 854 (2014). Among those retained powers is the power of a State to “order the processes of its own governance.” Alden v. Maine, 527 U. S. 706, 752 (1999). In particular, the States enjoy sovereign “power to prescribe the qualifications of their own officers” and “the manner of their election . . . free from external interference, except so far as plainly provided by the Constitution of the United States.” Taylor v. Beckham, 178 U. S. 548, 570–571 (1900). Although the Fourteenth Amendment restricts state power, nothing in it plainly withdraws from the States this traditional authority. And after ratification of the Fourteenth Amendment, States used this authority to disqualify state officers in accordance with state statutes. See, e.g., Worthy v. Barrett, 63 N. C. 199, 200, 204 (1869) (elected county sheriff ); State ex rel. Sandlin v. Watkins, 21 La. Ann. 631, 631–633 (1869)(state judge).

Such power over governance, however, does not extend to federal officeholders and candidates. Because federal officers “‘owe their existence and functions to the united voice of the whole, not of a portion, of the people,’” powers over their election and qualifications must be specifically “delegated to, rather than reserved by, the States.” U. S. Term Limits, Inc. v. Thornton, 514 U. S. 779, 803–804 (1995) (quoting 1 J. Story, Commentaries on the Constitution of the United States §627, p. 435 (3d ed. 1858)). But nothing in the Constitution delegates to the States any power to enforce Section 3 against federal officeholders and candidates.

As an initial matter, not even the respondents contend that the Constitution authorizes States to somehow remove sitting federal officeholders who may be violating Section 3. Such a power would flout the principle that “the Constitution guarantees ‘the entire independence of the General Government from any control by the respective States.’” Trump v. Vance, 591 U. S. 786, 800 (2020) (quoting Farmers and Mechanics Sav. Bank of Minneapolis v. Minnesota, 232 U. S. 516, 521 (1914)). Indeed, consistent with that principle, States lack even the lesser powers to issue writs of mandamus against federal officials or to grant habeas corpus relief to persons in federal custody. See McClung v. Silliman, 6 Wheat. 598, 603–605 (1821); Tarble’s Case, 13 Wall. 397, 405–410 (1872).

The respondents nonetheless maintain that States may enforce Section 3 against candidates for federal office. But the text of the Fourteenth Amendment, on its face, does not affirmatively delegate such a power to the States. The terms of the Amendment speak only to enforcement by Congress, which enjoys power to enforce the Amendment through legislation pursuant to Section 5.

This can hardly come as a surprise, given that the substantive provisions of the Amendment “embody significant limitations on state authority.” Fitzpatrick v. Bitzer, 427 U. S. 445, 456 (1976). Under the Amendment, States cannot abridge privileges or immunities, deprive persons of life, liberty, or property without due process, deny equal protection, or deny male inhabitants the right to vote (without thereby suffering reduced representation in the House). See Amdt. 14, §§1, 2. On the other hand, the Fourteenth Amendment grants new power to Congress to enforce the provisions of the Amendment against the States. It would be incongruous to read this particular Amendment as granting the States the power—silently no less—to disqualify a candidate for federal office.

The only other plausible constitutional sources of such a delegation are the Elections and Electors Clauses, which authorize States to conduct and regulate congressional and Presidential elections, respectively. See Art. I, §4, cl. 1; Art. II, §1, cl. 2.1 But there is little reason to think that these Clauses implicitly authorize the States to enforce Section 3 against federal officeholders and candidates. Granting the States that authority would invert the Fourteenth Amendment’s rebalancing of federal and state power.

The text of Section 3 reinforces these conclusions. Its final sentence empowers Congress to “remove” any Section 3“disability” by a two-thirds vote of each house. The text imposes no limits on that power, and Congress may exercise it any time, as the respondents concede. See Brief for Respondents 50. In fact, historically, Congress sometimes exercised this amnesty power postelection to ensure that some of the people’s chosen candidates could take office.2 But if States were free to enforce Section 3 by barring candidates from running in the first place, Congress would be forced to exercise its disability removal power before voting begins if it wished for its decision to have any effect on the current election cycle. Perhaps a State may burden congressional authority in such a way when it exercises its “exclusive” sovereign power over its own state offices. Taylor, 178 U. S., at 571. But it is implausible to suppose that the Constitution affirmatively delegated to the States the authority to impose such a burden on congressional power with respect to candidates for federal office. Cf. McCulloch v. Maryland, 4 Wheat. 316, 436 (1819) (“States have no power . . . to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress”).

Nor have the respondents identified any tradition of state enforcement of Section 3 against federal officeholders or candidates in the years following ratification of the Fourteenth Amendment.3 Such a lack of historical precedent is generally a “‘telling indication’” of a “‘severe constitutional problem’” with the asserted power. United States v. Texas, 599 U. S. 670, 677 (2023) (quoting Free Enterprise Fund v. Public Company Accounting Oversight Bd., 561 U. S. 477, 505 (2010)). And it is an especially telling sign here, because as noted, States did disqualify persons from holding state offices following ratification of the Fourteenth Amendment. That pattern of disqualification with respect to state, but not federal offices provides “persuasive evidence of a general understanding” that the States lacked enforcement power with respect to the latter. U. S. Term Limits, 514 U. S., at 826.

Instead, it is Congress that has long given effect to Section 3 with respect to would-be or existing federal officeholders. Shortly after ratification of the Amendment, Congress enacted the Enforcement Act of 1870. That Act authorized federal district attorneys to bring civil actions in federal court to remove anyone holding nonlegislative office—federal or state—in violation of Section 3, and made holding or attempting to hold office in violation of Section 3 a federal crime. §§14, 15, 16 Stat. 143–144 (repealed, 35Stat. 1153–1154, 62 Stat. 992–993). In the years following ratification, the House and Senate exercised their unique powers under Article I to adjudicate challenges contending that certain prospective or sitting Members could not take or retain their seats due to Section 3. See Art. I, §5, cls. 1, 2; 1 A. Hinds, Precedents of the House of Representatives §§459–463, pp. 470–486 (1907). And the Confiscation Act of 1862, which predated Section 3, effectively provided an additional procedure for enforcing disqualification. That law made engaging in insurrection or rebellion, among other acts, a federal crime punishable by disqualification from holding office under the United States. See §§2, 3, 12 Stat. 590. A successor to those provisions remains on the books today. See 18 U. S. C. §2383.

Moreover, permitting state enforcement of Section 3 against federal officeholders and candidates would raise serious questions about the scope of that power. Section 5 limits congressional legislation enforcing Section 3, because Section 5 is strictly “remedial.” City of Boerne, 521 U. S., at 520. To comply with that limitation, Congress “must tailor its legislative scheme to remedying or preventing” the specific conduct the relevant provision prohibits. Florida Prepaid Postsecondary Ed. Expense Bd. v. College Savings Bank, 527 U. S. 627, 639 (1999). Section 3, unlike other provisions of the Fourteenth Amendment, proscribes conduct of individuals. It bars persons from holding office after taking a qualifying oath and then engaging in insurrection or rebellion—nothing more. Any congressional legislation enforcing Section 3 must, like the Enforcement Act of 1870 and §2383, reflect “congruence and proportionality” between preventing or remedying that conduct “and the means adopted to that end.” City of Boerne, 521 U. S., at 520. Neither we nor the respondents are aware of any other legislation by Congress to enforce Section 3. See Tr. of Oral Arg. 123.

Any state enforcement of Section 3 against federal officeholders and candidates, though, would not derive from Section 5, which confers power only on “[t]he Congress.” As a result, such state enforcement might be argued to sweep more broadly than congressional enforcement could under our precedents. But the notion that the Constitution grants the States freer rein than Congress to decide how Section 3 should be enforced with respect to federal offices is simply implausible.

Finally, state enforcement of Section 3 with respect to the Presidency would raise heightened concerns. “[I]n the context of a Presidential election, state-imposed restrictions implicate a uniquely important national interest.” Anderson v. Celebrezze, 460 U. S. 780, 794–795 (1983) (footnote omitted). But state-by-state resolution of the question whether Section 3 bars a particular candidate for President from serving would be quite unlikely to yield a uniform answer consistent with the basic principle that “the President . . . represent[s] all the voters in the Nation.” Id., at 795 (emphasis added).

Conflicting state outcomes concerning the same candidate could result not just from differing views of the merits, but from variations in state law governing the proceedings that are necessary to make Section 3 disqualification determinations. Some States might allow a Section 3 challenge to succeed based on a preponderance of the evidence, while others might require a heightened showing. Certain evidence (like the congressional Report on which the lower courts relied here) might be admissible in some States but inadmissible hearsay in others. Disqualification might be possible only through criminal prosecution, as opposed to expedited civil proceedings, in particular States. Indeed, in some States—unlike Colorado (or Maine, where the secretary of state recently issued an order excluding former President Trump from the primary ballot)—procedures for excluding an ineligible candidate from the ballot may not exist at all. The result could well be that a single candidate would be declared ineligible in some States, but not others, based on the same conduct (and perhaps even the same factual record).

The “patchwork” that would likely result from state enforcement would “sever the direct link that the Framers found so critical between the National Government and the people of the United States” as a whole. U. S. Term Limits, 514 U. S., at 822. But in a Presidential election “the impact of the votes cast in each State is affected by the votes cast”—or, in this case, the votes not allowed to be cast—“for the various candidates in other States.” Anderson, 460 U. S., at 795. An evolving electoral map could dramatically change the behavior of voters, parties, and States across the country, in different ways and at different times. The disruption would be all the more acute—and could nullify the votes of millions and change the election result—if Section3 enforcement were attempted after the Nation has voted. Nothing in the Constitution requires that we endure such chaos—arriving at any time or different times, up to and perhaps beyond the Inauguration.

* * *

For the reasons given, responsibility for enforcing Section3 against federal officeholders and candidates rests with Congress and not the States. The judgment of the Colorado Supreme Court therefore cannot stand.

All nine Members of the Court agree with that result. Our colleagues writing separately further agree with many of the reasons this opinion provides for reaching it. See post, Part I (joint opinion of SOTOMAYOR, KAGAN, and JACKSON, JJ.); see also post, p. 1 (opinion of BARRETT, J.). So far as we can tell, they object only to our taking into account the distinctive way Section 3 works and the fact that Section 5 vests in Congress the power to enforce it. These are not the only reasons the States lack power to enforce this particular constitutional provision with respect to federal offices. But they are important ones, and it is the combination of all the reasons set forth in this opinion—not, as some of our colleagues would have it, just one particular rationale—that resolves this case. In our view, each of these reasons is necessary to provide a complete explanation for the judgment the Court unanimously reaches.

The judgment of the Colorado Supreme Court is reversed.

The mandate shall issue forthwith.

It is so ordered.

_______________

Notes:

1 The Elections Clause directs, in relevant part, that “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.” Art. I, §4, cl. 1. The Electors Clause similarly provides that “[e]ach State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors,” who in turn elect the President. Art. II, §1, cl. 2.

2 Shortly after the Fourteenth Amendment was ratified, for instance, Congress enacted a private bill to remove the Section 3 disability of Nelson Tift of Georgia, who had recently been elected to represent the State in Congress. See ch. 393, 15 Stat. 427. Tift took his seat in Congress immediately thereafter. See Cong. Globe, 40th Cong., 2d Sess., 4499– 4500 (1868). Congress similarly acted postelection to remove the disabilities of persons elected to state and local offices. See Cong. Globe, 40thCong., 3d Sess., 29–30, 120–121 (1868); ch. 5, 15 Stat. 435–436.

3 We are aware of just one example of state enforcement against a would-be federal officer. In 1868, the Governor of Georgia refused to commission John Christy, who had won the most votes in a congressional election, because—in the Governor’s view—Section 3 made Christy ineligible to serve. But the Governor’s determination was not final; a committee of the House reviewed Christy’s qualifications itself and recommended that he not be seated. The full House never acted on the matter, and Christy was never seated. See 1 A. Hinds, Precedents of the House of Representatives §459, pp. 470–472 (1907).

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Opinion of BARRETT, J.

SUPREME COURT OF THE UNITED STATES
No. 23–719

DONALD J. TRUMP, PETITIONER v. NORMA ANDERSON, ET AL.

ON WRIT OF CERTIORARI TO THE SUPREME COURT OF COLORADO

[March 4, 2024]

JUSTICE BARRETT, concurring in part and concurring in the judgment.

I join Parts I and II–B of the Court’s opinion. I agree that States lack the power to enforce Section 3 against Presidential candidates. That principle is sufficient to resolve this case, and I would decide no more than that. This suit was brought by Colorado voters under state law in state court. It does not require us to address the complicated question whether federal legislation is the exclusive vehicle through which Section 3 can be enforced.

The majority’s choice of a different path leaves the remaining Justices with a choice of how to respond. In my judgment, this is not the time to amplify disagreement with stridency. The Court has settled a politically charged issue in the volatile season of a Presidential election. Particularly in this circumstance, writings on the Court should turn the national temperature down, not up. For present purposes, our differences are far less important than our unanimity: All nine Justices agree on the outcome of this case. That is the message Americans should take home.

[O]nly through diversity of opinion is there, in the existing state of human intellect, a chance of fair play to all sides of the truth. When there are persons to be found, who form an exception to the apparent unanimity of the world on any subject, even if the world is in the right, it is always probable that dissentients have something worth hearing to say for themselves, and that truth would lose something by their silence.

-- On Liberty, by John Stuart Mill


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Re: Trump v. Anderson: Amici Curiae Briefs

Postby admin » Thu Mar 07, 2024 10:19 am

Part 2 of 2

SOTOMAYOR, KAGAN, and JACKSON, JJ., concurring in judgment

SUPREME COURT OF THE UNITED STATES
No. 23–719

DONALD J. TRUMP, PETITIONER v. NORMA ANDERSON, ET AL.

ON WRIT OF CERTIORARI TO THE SUPREME COURT OF COLORADO

[March 4, 2024]

JUSTICE SOTOMAYOR, JUSTICE KAGAN, and JUSTICE JACKSON, concurring in the judgment.

“If it is not necessary to decide more to dispose of a case, then it is necessary not to decide more.” Dobbs v. Jackson Women’s Health Organization, 597 U. S. 215, 348 (2022) (ROBERTS, C. J., concurring in judgment). That fundamental principle of judicial restraint is practically as old as our Republic. This Court is authorized “to say what the law is” only because “[t]hose who apply [a] rule to particular cases . . . must of necessity expound and interpret that rule.” Marbury v. Madison, 1 Cranch 137, 177 (1803) (emphasis added).

Today, the Court departs from that vital principle, deciding not just this case, but challenges that might arise in the future. In this case, the Court must decide whether Colorado may keep a Presidential candidate off the ballot on the ground that he is an oathbreaking insurrectionist and thus disqualified from holding federal office under Section 3 of the Fourteenth Amendment. Allowing Colorado to do so would, we agree, create a chaotic state-by-state patchwork, at odds with our Nation’s federalism principles. That is enough to resolve this case. Yet the majority goes further. Even though “[a]ll nine Members of the Court” agree that this independent and sufficient rationale resolves this case, five Justices go on.They decide novel constitutional questions to insulate this Court and petitioner from future controversy. Ante, at 13. Although only an individual State’s action is at issue here, the majority opines on which federal actors can enforce Section 3, and how they must do so. The majority announces that a disqualification for insurrection can occur only when Congress enacts a particular kind of legislation pursuant to Section 5 of the Fourteenth Amendment. In doing so, the majority shuts the door on other potential means of federal enforcement. We cannot join an opinion that decides momentous and difficult issues unnecessarily, and we therefore concur only in the judgment.

I

Our Constitution leaves some questions to the States while committing others to the Federal Government. Federalism principles embedded in that constitutional structure decide this case. States cannot use their control over the ballot to “undermine the National Government.” U. S. Term Limits, Inc. v. Thornton, 514 U. S. 779, 810 (1995).That danger is even greater “in the context of a Presidential election.” Anderson v. Celebrezze, 460 U. S. 780, 794–795 (1983). State restrictions in that context “implicate a uniquely important national interest” extending beyond a State’s “own borders.” Ibid. No doubt, States have significant “authority over presidential electors” and, in turn, Presidential elections. Chiafalo v. Washington, 591 U. S. 578, 588 (2020). That power, however, is limited by “other constitutional constraint[s],” including federalism principles. Id., at 589.

The majority rests on such principles when it explains why Colorado cannot take Petitioner off the ballot. “[S]tate-by-state resolution of the question whether Section 3 bars a particular candidate for President from serving,” the majority explains, “would be quite unlikely to yield a uniform answer consistent with the basic principle that ‘the President. . . represent[s] all the voters in the Nation.’” Ante, at 11 (quoting Anderson, 460 U. S., at 795). That is especially so, the majority adds, because different States can reach “[c]onflicting . . . outcomes concerning the same candidate . . . not just from differing views of the merits, but from variations in state law governing the proceedings” to enforce Section 3. Ante, at 11.

The contrary conclusion that a handful of officials in a few States could decide the Nation’s next President would be especially surprising with respect to Section 3. The Reconstruction Amendments “were specifically designed as an expansion of federal power and an intrusion on state sovereignty.” City of Rome v. United States, 446 U. S. 156, 179 (1980). Section 3 marked the first time the Constitution placed substantive limits on a State’s authority to choose its own officials. Given that context, it would defy logic for Section 3 to give States new powers to determine who may hold the Presidency. Cf. ante, at 8 (“It would be incongruous to read this particular Amendment as granting the States the power—silently no less—to disqualify a candidate for federal office”).

That provides a secure and sufficient basis to resolve this case. To allow Colorado to take a presidential candidate off the ballot under Section 3 would imperil the Framers’ vision of “a Federal Government directly responsible to the people.” U.S. Term Limits, 514 U. S., at 821. The Court should have started and ended its opinion with this conclusion.

II

Yet the Court continues on to resolve questions not before us. In a case involving no federal action whatsoever, the Court opines on how federal enforcement of Section 3 must proceed. Congress, the majority says, must enact legislation under Section 5 prescribing the procedures to “‘“ascertain[] what particular individuals”’” should be disqualified. Ante, at 5 (quoting Griffin’s Case, 11 F. Cas. 7, 26 (No. 5,815) (CC Va. 1869) (Chase, Circuit Justice)). These musings are as inadequately supported as they are gratuitous.

To start, nothing in Section 3’s text supports the majority’s view of how federal disqualification efforts must operate. Section 3 states simply that “[n]o person shall” hold certain positions and offices if they are oathbreaking insurrectionists. Amdt. 14. Nothing in that unequivocal bar suggests that implementing legislation enacted under Section 5 is “critical” (or, for that matter, what that word means in this context). Ante, at 5. In fact, the text cuts the opposite way. Section 3 provides that when an oathbreaking insurrectionist is disqualified, “Congress may by a vote of two-thirds of each House, remove such disability.” It is hard to understand why the Constitution would require a congressional supermajority to remove a disqualification if a simple majority could nullify Section 3’s operation by repealing or declining to pass implementing legislation. Even petitioner’s lawyer acknowledged the “tension” in Section 3 that the majority’s view creates. See Tr. of Oral Arg. 31.

Similarly, nothing else in the rest of the Fourteenth Amendment supports the majority’s view. Section 5 gives Congress the “power to enforce [the Amendment] by appropriate legislation.” Remedial legislation of any kind, however, is not required. All the Reconstruction Amendments (including the due process and equal protection guarantees and prohibition of slavery) “are self-executing,” meaning that they do not depend on legislation. City of Boerne v. Flores, 521 U. S. 507, 524 (1997); see Civil Rights Cases, 109 U. S. 3, 20 (1883). Similarly, other constitutional rules of disqualification, like the two-term limit on the Presidency, do not require implementing legislation. See, e.g., Art. II, §1, cl. 5 (Presidential Qualifications); Amdt. 22 (Presidential Term Limits). Nor does the majority suggest otherwise. It simply creates a special rule for the insurrection disability in Section 3.

The majority is left with next to no support for its requirement that a Section 3 disqualification can occur only pursuant to legislation enacted for that purpose. It cites Griffin’s Case, but that is a nonprecedential, lower court opinion by a single Justice in his capacity as a circuit judge.
See ante, at 5 (quoting 11 F. Cas., at 26). Once again, even petitioner’s lawyer distanced himself from fully embracing this case as probative of Section 3’s meaning. See Tr. of Oral Arg. 35–36. The majority also cites Senator Trumbull’s statements that Section 3 “‘provide[d] no means for enforcing’” itself. Ante, at 5 (quoting Cong. Globe, 41st Cong., 1st Sess., 626 (1869)). The majority, however, neglects to mention the Senator’s view that “[i]t is the [F]ourteenth [A]mendment that prevents a person from holding office,” with the proposed legislation simply “affor[ding] a more efficient and speedy remedy” for effecting the disqualification. Cong. Globe, 41st Cong., 1st Sess., at 626–627.

Ultimately, under the guise of providing a more “complete explanation for the judgment,” ante, at 13, the majority resolves many unsettled questions about Section 3. It forecloses judicial enforcement of that provision, such as might occur when a party is prosecuted by an insurrectionist and raises a defense on that score. The majority further holds that any legislation to enforce this provision must prescribe certain procedures “‘tailor[ed]’” to Section 3, ante, at 10, ruling out enforcement under general federal statutes requiring the government to comply with the law. By resolving these and other questions, the majority attempts to insulate all alleged insurrectionists from future challenges to their holding federal office.

* * *

“What it does today, the Court should have left undone.” Bush v. Gore, 531 U. S. 98, 158 (2000) (Breyer, J., dissenting). The Court today needed to resolve only a single question: whether an individual State may keep a Presidential candidate found to have engaged in insurrection off its ballot. The majority resolves much more than the case before us. Although federal enforcement of Section 3 is in no way at issue, the majority announces novel rules for how that enforcement must operate. It reaches out to decide Section 3 questions not before us, and to foreclose future efforts to disqualify a Presidential candidate under that provision. In a sensitive case crying out for judicial restraint, it abandons that course.

Section 3 serves an important, though rarely needed, role in our democracy. 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. §3.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.
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Re: Trump v. Anderson: Amici Curiae Briefs

Postby admin » Thu Mar 07, 2024 11:20 am

Supreme Court Inadvertently Reveals Confounding Late Change in Trump Ballot Ruling
by Mark Joseph Stern
Slate
MARCH 04, 2024 4:58 PM
https://slate.com/news-and-politics/202 ... ssent.html

The Supreme Court’s decision on Monday to keep Donald Trump on Colorado’s ballot was styled as a unanimous one without any dissents. But the metadata tells a different story. On the page, a separate opinion by the liberal justices is styled as a concurrence in the judgment, authored jointly by the trio. In the metadata of the link to the opinion posted by the court, however, this opinion is styled as an opinion concurring in part and dissenting in part, authored not by all three justices but by Sonia Sotomayor alone. Even a techphobic reader can discern this incongruity through careful copying and pasting, piercing the facade of unanimity that the conservative justices sought to present.

What happened? Most obviously, the Supreme Court rushed out this opinion and forgot to check the metadata. The court, after all, scheduled the opinion’s release only one day earlier, on Sunday afternoon, evidently to hand it down before Tuesday’s Colorado primary. Moreover, the justices did not take the bench to announce the opinion, as they usually do—probably because they had not all planned to be in D.C.—further proving that it was a last-minute release. The deeper question remains, of course: Why was an opinion originally authored by a lone justice as a partial dissent transformed into a concurrence authored by all three liberals together?

We cannot know with any real certainty. We may never. But we can certainly speculate!

First, a recap: The Supreme Court ruled that an individual state may not disqualify a presidential candidate from the ballot under Section 3 of the 14th Amendment, which bars insurrectionists from regaining public office. All nine justices agreed with this bottom line. Five justices went further, however, declaring that only Congress may enforce Section 3 against federal candidates. In a brief opinion, Justice Amy Coney Barrett said the court should not have reached this broader question about congressional authority. Sotomayor made the same point in a longer, more acerbic opinion joined by Justices Elena Kagan and Ketanji Brown Jackson. Her opinion was styled as a concurrence, but we now know that it was actually, probably until late in the drafting process, labeled a dissent. We also know that the opinion was originally ascribed only to Sotomayor.

Now the speculation: We can guess that the bulk of this opinion was authored by Sotomayor herself. It bears some of the justice’s trademarks, including a realpolitik assessment of the majority’s handiwork and stormy rhetoric about its consequences for democracy. In addition, during oral arguments last month, Sotomayor sounded the most skeptical of Trump and his various legal theories. Perhaps, after arguments, the court convened to vote on the case, and a majority settled on a sweeping rationale in Trump’s favor. Sotomayor then moved forward with a dissent faulting the majority’s overreach. At some point, that dissent turned into the opinion “concurring in the judgment” that we saw on Monday.

Which leads to a second question: Why did a stand-alone Sotomayor dissent transform into a three-justice concurrence? Here, the most rational intuition is that Kagan and Jackson were keeping their votes fluid in the hopes of striking a bargain to avert a gratuitously broad opinion effectively repealing the insurrection clause. This bargain may have been simple; the two justices might have joined with Barrett to seek a fifth vote for a narrow holding, presumably from Roberts. All the while, Sotomayor worked on the fallback option: a partial dissent chastising the majority’s overreach. When Kagan and Jackson realized they couldn’t nab a fifth vote for the narrow position, they teamed up with Sotomayor, making a few changes and signing their names as authors in a show of force and agreement within the progressive bloc. (The description of presidential elections as “a great and glorious thing,” for example, sounds like the work of Kagan or Jackson, not Sotomayor.)

Broaden the scope of the potential negotiations, though, and things get more interesting. After oral arguments, many smart court watchers mused that the justices might reach a grand bargain that tied this case to a separate dispute involving Trump’s claim of immunity from criminal prosecution for election subversion. The liberal justices might agree to keep Trump on the ballot if the court also refused to take up the immunity case. There would be an exchange of votes: Trump stays on the ballot but gets no immunity from prosecution. He could run in all 50 states but would also have to contend with a criminal trial that would likely conclude before the election.

That, of course, didn’t happen: The court sided with Trump on the ballot issue and took up his immunity case last week on a less-than-speedy timeline, helping him run out the clock to November. But maybe Kagan and Jackson were working behind the scenes to strike this grand bargain. Maybe they were withholding their votes in both cases, scrambling to find two conservative justices who would rule narrowly for Trump in one case and swiftly against him in the other. If so, that didn’t happen. But it would still make sense for Kagan and Jackson to withhold their votes in both cases until they got confirmation that no compromise lay on the horizon in either dispute.

Then there is the least interesting possibility: that Sotomayor’s opinion was going to be a partial dissent until Roberts and Barrett prevailed upon her to call it a concurrence—in a bid to look unanimous and “turn the national temperature down” (in Barrett’s words). It’s frankly difficult to see Sotomayor, an independent-minded and principled jurist, buying into this stratagem if she got nothing out of it. And this theory doesn’t explain why the other two liberals signed on as authors apparently so late in the game.

But there is always another bargain to seek, another compromise to pursue. Who knows what these three justices might have received in exchange for removing the word dissent from this opinion. Maybe they needed to call the opinion a concurrence to wrench a separate opinion out of Barrett, one she might not have offered otherwise, criticizing the majority. Barrett strived to frame the outcome as a reflection of friendly unanimity; perhaps she threatened to paper over her disagreement unless the liberals dropped the word dissent to keep up the facade of cross-ideological agreement. Or maybe Barrett was on the fence about whether to grant Trump a full stay in his immunity case and push the case onto next term’s docket, instead of hearing it on a marginally expedited basis this term. If so, perhaps the “concurrence” language was the price of her vote there. Whatever the liberals were able, or not, to eke out of the conservative justices, it appears to have been thin gruel indeed.

Such guesswork is ultimately somewhat of a fool’s errand, but it’s irresistible when the Supreme Court leaves such a big clue dangling in the metadata. (I asked the court for comment on Monday but have not yet received a response.) Whatever happened behind the scenes, the final product is plenty fractured on its own terms. The liberal justices can call their opinion whatever they want. At the end of the day, it reads exactly like what it is: a furious and fearful dissent.
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