• @[email protected]
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    174 months ago

    So, what enforcement does the Supreme Court have if a state refuses to follow its ruling?

    • @[email protected]
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      114 months ago

      The same enforcement they’ve had for every other ruling they’ve ever made…

      General recognition of their authority to make the final ruling on such matters.

    • Jo MiranOP
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      4 months ago

      I do not know, but I hope we never find ourselves in a position where we need to find out.

      EDIT: Grammar

  • AutoTL;DRB
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    44 months ago

    This is the best summary I could come up with:


    WASHINGTON (AP) — The Supreme Court on Monday restored Donald Trump to 2024 presidential primary ballots, rejecting state attempts to hold the Republican former president accountable for the Capitol riot.

    The justices ruled a day before the Super Tuesday primaries that states, without action from Congress first, cannot invoke a post-Civil War constitutional provision to keep presidential candidates from appearing on ballots.

    The outcome ends efforts in Colorado, Illinois, Maine and elsewhere to kick Trump, the front-runner for his party’s nomination, off the ballot because of his attempts to undo his loss in the 2020 election to Democrat Joe Biden, culminating in the Jan. 6, 2021, attack on the Capitol.

    Trump’s case was the first at the Supreme Court dealing with a provision of the 14th Amendment that was adopted after the Civil War to prevent former officeholders who “engaged in insurrection” from holding office again.

    Trump had been kicked off the ballots in Colorado, Maine and Illinois, but all three rulings were on hold awaiting the Supreme Court’s decision.

    They have considered many Trump-related cases in recent years, declining to embrace his bogus claims of fraud in the 2020 election and refusing to shield tax records from Congress and prosecutors in New York.


    The original article contains 845 words, the summary contains 204 words. Saved 76%. I’m a bot and I’m open source!

    • SineSwiper
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      4 months ago

      This is an overly simplified summary that doesn’t describe the objection to mentioning Congress as the only body to enforce the amendment. It was 9-0, but 4 justices made a special declaration pointing that out.

      While all nine justices agreed that Trump should be on the ballot, there was sharp disagreement from the three liberal members of the court and a milder disagreement from conservative Justice Amy Coney Barrett that their colleagues went too far in determining what Congress must do to disqualify someone from federal office.

  • @[email protected]
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    -54 months ago

    Not really surprising. States have never had the power to over turn federal elections or laws, and the last time they tried there was a whole civil war thing about it.

    There is a specific process states have to overturn federal laws, but that doesn’t include barring federal candidate from state ballots.

  • BombOmOm
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    -134 months ago

    I don’t like the guy, but I like even less the government deciding to take candidates off the ballot.

    The opinion: https://www.supremecourt.gov/opinions/23pdf/23-719_19m2.pdf

    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.

    • Liz
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      184 months ago

      "We agree that he should be disqualified, but we don’t want to disqualify him, so we’re going to make the ruling as narrow as we can without looking blatant about it. "

    • body_by_make
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      4 months ago

      “State’s rights, except for when my wife is in this guy’s cult” - Clarence Thomas, probably