• fcSolar@lemmy.world
    link
    fedilink
    English
    arrow-up
    47
    arrow-down
    1
    ·
    4 months ago

    Oh look another illegal power grab by the supreme dipshits. 14th amendment section 3 states only Congress may remove an insurrectionist’s inability to hold office, not SCOTUS.

    • Milk_Sheikh@lemm.ee
      link
      fedilink
      arrow-up
      10
      ·
      edit-2
      4 months ago

      Unfortunately not a new power grab, they’ve long held that their judicial review is sacrosanct, and they get to pick and choose not just the cases they hear, but also what issues within that case they feel like legislating reviewing. Same again here, the RNC asked three questions and they left most of it wellll alone:

      The Questions Presented are:

      1. Whether the President falls within the list of officials subject to the disqualification provision of Section Three of the Fourteenth Amendment?
      2. Whether Section Three of the Fourteenth Amendment is self-executing to the extent of allowing states to remove candidates from the ballot in the absence of any Congressional action authorizing such process?
      3. Whether the denial to a political party of its ability to choose the candidate of its choice in a presidential primary and general election violates that party’s First Amendment Right of Association?

      #1 & 3 were completely ignored because they’re only willing to craft big legislation opinions on conservative/originalist topics, but “show respect for the lower courts” when it’s convenient for SCotUS

      They focused in on the state w/o congress aspect of #2, because it’s the weakest part of the Colorado case unfortunately, and allowed this fig-leaf opt out on disqualification being kicked back to Congress

    • frezik@midwest.social
      link
      fedilink
      arrow-up
      10
      arrow-down
      2
      ·
      edit-2
      4 months ago

      That’s not how the opinion works. The Supremes said states can’t remove candidates from the federal ballot under the insurrection clause. They can remove state candidates. It doesn’t rule on anything else.

      • chakan2@lemmy.world
        link
        fedilink
        English
        arrow-up
        4
        arrow-down
        1
        ·
        edit-2
        4 months ago

        The rest of their reasoning was basically “Congress can’t do this shit, it’d be a mess, so we’ll step up and reverse that clause.”

        They specifically said they will enforce the constitution as they see fit.