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Justice Thomas: ‘The court is ‘avoiding’ the Natural Born Citizen question. Thomas was the first one to pick up an Eligibility Case for review in December 2008. He KNOWS this is an unresolved question of the Constitution as was "to keep and bear arms" until FINALLY resolved in 2008. In recalling the heat and grief the SCOTUS got from their ruling on Bush v. Gore in 2000, we will unfortunately need another Constitutional Crisis before the SCOTUS is willing to PUSH THROUGH the tall swamp weeds of judicial Political Question. We're pretty much there now ... |
Exactly. SCOTUS stepped in and did the right thing on the AlGore Chad scam and SCOFLAw. But they got an immense amount of heat for it.
When a similar illegality arose later that year in New Jersey, where the state Supreme Court illegally inserted Lautenberg on the ballot after the legal deadline had passed, SCOTUS decided to punt.
You could argue that that was more of a state matter than the Florida affair, even if the court decided it illegally. Or you could argue that they just didn’t want to take the heat twice in a row for a political decision.