This has nothing to do with “states rights,” it’s a constitutional question based directly on the 14th amendment. Trump was found to have engaged in insurrection by Colorado, but the original judge was unclear if the 14th amendment applied to presidential candidates. On appeal, the higher court decided it did apply to presidential candidates, and that’s what this Supreme Court case is about. Constitutional questions should be heard by the Supreme Court, that’s literally their job.
I think this will be an interesting case and I’m glad that Supreme Court is hearing it. If presidents are subject to the 14th amendment (and they should, the language seems intentionally broad), that gives a green light to other states to fast track a decision to keep him off. If Presidents aren’t subject to it, there’s going to be a big potential mess if Trump somehow wins and Democrats refuse to certify. I do see one out for the SCOTUS, to say Trump’s actions didn’t amount to insurrection so the 14th amendment doesn’t apply (which goes directly in the face of the Jan 6 committee), but I don’t know if the SCOTUS would actually do that.
Regardless of what happens, it’s a really important issue and will have far-reaching impact regardless of what is decided. Trump already lost once, so I don’t think he’ll win this election even if the court decides his way.
This has nothing to do with “states rights,” it’s a constitutional question based directly on the 14th amendment. Trump was found to have engaged in insurrection by Colorado, but the original judge was unclear if the 14th amendment applied to presidential candidates. On appeal, the higher court decided it did apply to presidential candidates, and that’s what this Supreme Court case is about. Constitutional questions should be heard by the Supreme Court, that’s literally their job.
I think this will be an interesting case and I’m glad that Supreme Court is hearing it. If presidents are subject to the 14th amendment (and they should, the language seems intentionally broad), that gives a green light to other states to fast track a decision to keep him off. If Presidents aren’t subject to it, there’s going to be a big potential mess if Trump somehow wins and Democrats refuse to certify. I do see one out for the SCOTUS, to say Trump’s actions didn’t amount to insurrection so the 14th amendment doesn’t apply (which goes directly in the face of the Jan 6 committee), but I don’t know if the SCOTUS would actually do that.
Regardless of what happens, it’s a really important issue and will have far-reaching impact regardless of what is decided. Trump already lost once, so I don’t think he’ll win this election even if the court decides his way.
Thanks a lot for the thoughtful and detailed response. I hope you’re right.