In the justices’ biggest election case since Bush v. Gore, the court will be weighing arguments over whether Trump is disqualified from reclaiming the White House.
If a state wanted, it could just decide to let the state legislature pick the electors and not hold a popular vote at all.
I was surprised this wasn’t raised as a counterargument by the Colorado attorney when the “one state could determine who’s elected” argument was made. (If it was, I missed it.) The justices are worried that states (let’s just say it: “red states”) could make up some frivolous reason to keep someone off the ballot and disqualify them, but the brutal reality is that they could do it already by screwing with the electors. (Hell, Trump and his co-conspirators tried sending fake electors from some states.) Setting a precedent allowing states to use Section 3 of the 14th Amendment just give states another way to accomplish this. “Oh, Biden tripped walking up to a podium? That’s insurrection!”
What’s really sad/outrageous is that Trump and the GOP have so terribly warped and perverted the political norms in this country that we have to even consider the possibility of states fabricating frivolous reasons to keep someone off the ballot. We can’t keep a 91 felon count indicted insurrectionist, fraudster, and rapist from getting elected and destroying democracy because his friends may avenge him by abusing and misapplying the law in the future. This really sucks.
I was surprised this wasn’t raised as a counterargument by the Colorado attorney when the “one state could determine who’s elected” argument was made. (If it was, I missed it.) The justices are worried that states (let’s just say it: “red states”) could make up some frivolous reason to keep someone off the ballot and disqualify them, but the brutal reality is that they could do it already by screwing with the electors. (Hell, Trump and his co-conspirators tried sending fake electors from some states.) Setting a precedent allowing states to use Section 3 of the 14th Amendment just give states another way to accomplish this. “Oh, Biden tripped walking up to a podium? That’s insurrection!”
What’s really sad/outrageous is that Trump and the GOP have so terribly warped and perverted the political norms in this country that we have to even consider the possibility of states fabricating frivolous reasons to keep someone off the ballot. We can’t keep a 91 felon count indicted insurrectionist, fraudster, and rapist from getting elected and destroying democracy because his friends may avenge him by abusing and misapplying the law in the future. This really sucks.