Trump 14th Amendment Eligibility Cases

[noblepa]

For the life of me I cannot see any way to decide that the President is not an officer of the United States. He is the highest ranking officer in the government, and one of only two officers elected by all the voters in the US.

To argue that POTUS is not an officer of the US is, to me, ludicrous. So is the argument that, for some unfathomable reason, 14.3 does not apply to POTUS, even if he is an officer.

Why in the world would any sane person belive that the President is not an officer for 14.3 purposes, yet remains an officer for other purposes.

The plain text of 14.3 makes no such distinction.

In my mind, the only argument with even a shred of plausibility is that the events of J6 somehow do not meet the legal definition of insurrection. I believe it does, but one could stretch the definition, so that J6 becomes merely a riot.

[p0rtia]

Just keep in mind that the legal argument that POTUS isn't an officer of the US predates the 14th Amendment, and has been advanced by sitting Supreme Court justices. I don't agree, but it has a 200-year-old history.

I know. Context is everything.

[noblepa]

Another thought.

If SCOTUS does rule that CO has the right to keep TFG off the ballot, will this "ratify" the decision in Maine, as well?

Will such a ruling encourage activists in other states to file similar lawsuits to keep him off the ballot in their states?

[Slim Cognito]

If Trump does get kicked off several state ballots, and the nomination goes to say Nikki Haley. My fear is she’ll crush Biden whereas I think we have a pretty good chance against Trump. Just my arrogant opinion.

And, no, I don’t give a rats ass about the polls right now.

[AndyinPA]

First question in a poll should be who won the 2020 election? If tfg, the end.

[bob]

If SCOTUS does rule that CO has the right to keep TFG off the ballot, will this "ratify" the decision in Maine, as well?

Not necessarily, as there could be state procedural defects in the SoSoME's decision.

Will such a ruling encourage activists in other states to file similar lawsuits to keep him off the ballot in their states?

Oh, yes.

[MN-Skeptic]

This is one of those decisions I would be willing to put money on. The Supreme Court will keep Trump on the ballot. They already know their decision. The justification for it may still be in the process of invention, but the decision is foregone.

[realist]

This is one of those decisions I would be willing to put money on. The Supreme Court will keep Trump on the ballot. They already know their decision. The justification for it may still be in the process of invention, but the decision is foregone.

Concur.

[p0rtia]

And despite all the discussions of meaning, intent, due process, recusal, and all the rest of the judicial buzz (and I've read and discussed as much as anyone), the decision--the votes--will be 100 percent political.

[W. Kevin Vicklund]

SCOTUS has less than a week to make a decision after the hearing before it becomes moot (primary ballots to be printed Feb 12). I'm expecting a dismissal based on mootness, with concurrences and dissents laying out the factions positions.

[tek]

If Trump does get kicked off several state ballots, and the nomination goes to say Nikki Haley. My fear is she’ll crush Biden whereas I think we have a pretty good chance against Trump. Just my arrogant opinion.

And, no, I don’t give a rats ass about the polls right now.

IMHO Haley won't crush anybody.
She really doesn't have a constituency..

[Dave from down under]

She is also a she and MAGAt prefer their god to be male, mean and petty.

[Rolodex]

I'm in a very red part of the country. I think my GOP friends (if you don't have friends who are Republicans, you won't have any friends, basically) have come out of their Trump comas. I think they held their noses and voted for him in 2016 plus they *really* hate Hillary; Idk what they did in 2020 bc we don't talk politics. But - I'm forever hearing they'd never vote for a Democrat (just want to give lazy ppl free stuff, basically, is their opposition).

After the first R debate, I was at a dinner with some of these folks (all highly educated, 1%er types- Drs, lawyers). Many liked Haley, a few like Ramaswamy. I think they're hoping for Haley - she seems like a "normal" Republican to them and Bonus!! she's a woman and a Person of Color!! See we're not misogynist or racist! I think it's because she doesn't come across as nuts.

At the end of the day, I'm not sure what my educated friends will do in the fall. We def had the flag waving trumper types around, but there are also the stealth, sorta embarrassed types, too, who quietly vote for whoever the R candidate is. It's so discouraging.

[RTH10260]

Side effect by Crazy Trumpers

‘Designed to terrorize’: Maine official who removed Trump from ballot describes recent threats
Shenna Bellows, the secretary of state, says her decision was based on her oath to the constitution and what the law required

Sam Levine
Mon 8 Jan 2024 13.00 CET

Maine’s secretary of state, Shenna Bellows, says the threats she has faced since determining Donald Trump is disqualified from appearing on the presidential ballot in her state are an effort to scare her and others.

Bellows, a first-term Democrat appointed to her position by the Maine legislature, had her home swatted after someone placed a hoax phone call claiming he had broken in. Justices on Colorado’s supreme court, which also removed Trump from the ballot last month, have faced death threats. Surveys have shown there are alarmingly high levels of support for political violence in the US.

“Even though the swatting incident at my home was a fake call, alleging an emergency at my home, it was designed to terrorize. It was designed to make me afraid and send a message not only to me but to others,” she told the Guardian in an interview.

“Of course I understood that there would be strong feelings and anger and opposition to my decision. I was prepared for all of that,” she said. “What I wasn’t prepared for was the abusive, aggressive and threatening communications, targeting not only me and also my family and those who work for me.”

Bellows was largely unknown outside Maine until last week when she became the first secretary of state to remove Trump from the ballot. She made that decision after three Maine voters filed a challenge under state law saying Trump was barred from running for president under section 3 of the 14th amendment.

Maine law requires her to hear the challenges, and she held an hours-long public hearing on 14 December in which both the challengers and Trump’s attorneys made their case.



https://www.theguardian.com/us-news/202 ... ial-ballot

[MN-Skeptic]

This is one of those decisions I would be willing to put money on. The Supreme Court will keep Trump on the ballot. They already know their decision. The justification for it may still be in the process of invention, but the decision is foregone.

I figured it out! The Supreme Court will just declare that portion of the 14th Amendment to be unconstitutional! It’s all so obvious. Right?

[Dr. Ken]

John ashcroft's son Jay who is the Missouri secretary of state trying to make the case for removing Joe biden from the ballot over "insurrection"

[Greatgrey]

This is one of those decisions I would be willing to put money on. The Supreme Court will keep Trump on the ballot. They already know their decision. The justification for it may still be in the process of invention, but the decision is foregone.

Concur.

It’s gonna redefine how a pretzel gets twisted.

[RTH10260]

John ashcroft's son Jay who is the Missouri secretary of state trying to make the case for removing Joe biden from the ballot over "insurrection"

https://twitter.com/atrupar/status/1744444273578127401

Aaron Rupar @atrupar

BORIS SANCHEZ: What would be your justification for removing Joe Biden from the ballot in Missouri?

JAY ASHCROFT: There have been allegations that he's engaged in insurrection

SANCHEZ: How so?

ASHCROFT: Um, I've seen allegations from the lieutenant governor of Texas

Aaron Rupar@atrupar

Missouri Secretary of State Jay Ashcroft was not happy at the end of his CNN trainwreck

8:41 PM · Jan 8, 2024

and Comer obviously missed them, cause he would be delighted to include those charges into his impeachment

[RTH10260]

John ashcroft's son Jay who is the Missouri secretary of state trying to make the case for removing Joe biden from the ballot over "insurrection"

That's by far the worst of answers I have seen in a long time. Seemingly not being aware of the procedures to remove someone from the ballot in his own state, to quoting a governor lieutenant from TX on insurrection and being unable to recite the quote (nor being able to define Joe's insurrection), to mentioning Desantis in FL wanting to do stuff. To note: this guy did study law

[Kendra]

I like Sanchez, he's so smooth and gentle with his questions, and then goes for the kill before the interviewee even realizes what happened.

[poplove]

The Nevada case filed by nutjob John Castro has been dismissed because he does not have standing. I would guess that his other cases in other states will be dismissed as well.
https://www.courtlistener.com/docket/67 ... v-aguilar/

[bob]

This is a different take; it posits SCOTUS could rule the disqualification clause applies only to officeholders, not elections. So, in theory, the disqualified quadfectee could be elected, but couldn't be sworn in.* And, under the U.S. Constitution's normal rules, the elected (and certified) Republican vice-president-elect would assume the presidency on January 20 (as if the president-elect had died).

The magical thinking here, however, would be in compelling states not to certify the election, or, as a fallback, Congress' not counting those certifications.

* In effect, assuming the quadfectee won a majority of the electoral votes, there would lawsuit in every state he won. But who would have standing? The Electoral College runner-up? The vice-president-elect? State election officials? And further assuming Congress counted the certified votes from the Electors, what would happen on January 20? January 21?

[Suranis]

So, that would make The Former Thin Guy try to be Vice President so that he could be sworn in? Or maybe run for President and Vice President at the same time?

[keith]

Or maybe run for President and Vice President at the same time?

There's a Constitutional prohibition against the President and the Vice-President being from the same state. So that effectively rules out that possibility.

Unless, maybe the Strawman and the Human Man are somehow 'living' in different states?

[Suranis]

Or maybe run for President and Vice President at the same time?

There's a Constitutional prohibition against the President and the Vice-President being from the same state. So that effectively rules out that possibility.

Unless, maybe the Strawman and the Human Man are somehow 'living' in different states?

Hey, he was resident in New York, DC, AND Florida! That counts!

It makes as much sense as his usual dreck.