Maine’s top election official has removed former President Donald Trump from the state’s 2024 ballot, in a surprise decision based on the 14th Amendment’s “insurrectionist ban.”
In order to decree this unconstitutional, SCOTUS would have to make a majority decision that what Trump did doesn’t fall under insurrection.
No, they wouldn’t. They would just have to accept a due process argument, essentially that the opinion of a CO state judge is not the appropriate venue or process for determining if someone is an insurrectionist. Probably calling for either Congress or criminal courts to establish that.
This is notably different than the CSA, as CSA officers were openly and publicly members of an organization that openly and publicly waged a war against the US.
This is notably different than the CSA, as CSA officers were openly and publicly members of an organization that openly and publicly waged a war against the US.
What do you call storming an election certification and killing a cop?
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No, they wouldn’t. They would just have to accept a due process argument, essentially that the opinion of a CO state judge is not the appropriate venue or process for determining if someone is an insurrectionist. Probably calling for either Congress or criminal courts to establish that.
This is notably different than the CSA, as CSA officers were openly and publicly members of an organization that openly and publicly waged a war against the US.
What do you call storming an election certification and killing a cop?