Posted on 01/30/2024 11:46:47 AM PST by Baladas
Retired federal judge J. Michael Luttig filed an amicus brief with the U.S. Supreme Court on Monday arguing that former President Trump is disqualified to run for public office under Section 3 of the 14th Amendment.
Luttig, a longtime conservative jurist on the 4th U.S. Circuit Court of Appeals, argued the Supreme Court justices, when they hear arguments next month in the case involving the Colorado Supreme Court decision to bar Trump from the ballot, should take a “textualist” approach to interpreting the constitution.
“The ‘textualist’s touchstone’ is to give every constitutional provision its ‘fair meaning,’” Luttig wrote. “A narrow construction to promote judicial restraint is just as bad as an ‘unreasonably … enlarged’ construction. Scalia and Garner approvingly quote Justice Story that it is forbidden to narrowly construe a constitutional provision ‘as if it were subversive of the great interests of society, or derogated from the inherent sovereignty of the people.’”
“Every provision of the Constitution is part of ‘the supreme Law of the Land,’” he continued, “not the inferior law of the land.”
The friend-of-the-court brief, which included other prominent names such as conservative lawyer George Conway, sought to refute several key arguments from Trump and his allies. Luttig has been among the most high-profile promoters of the case to bar Trump under the 14th amendment, as Colorado and Maine have moved to do.
Having “incited, and therefore engaged in, an armed insurrection” against the Constitution, Luttig wrote, Trump “disqualified himself under Section 3.”
(Excerpt) Read more at thehill.com ...
The Second SCOTUS ruled in Marbury v Madison that the Constitution is to be interpreted in the way the writers understood it, and if it was ambiguous, the the most restrictive of government power is to be used since the intent of the framers of the Constitution was to limit government power.
Nope - merely an IDIOT.
LUTTIG IS A FAV OF RINO HUGH HEWITT.
I hate these a$$holes. They put on this farce, and it wasn’t even an “insurrection”. Nobody tried to overthrow the government. At most it was disorderly conduct and or trespassing. I loathe the swamp scum.
He is a RINO, and so are you. All TDS scum are RINOS.
The assertion that Trump engaged in an insurrection is ludicrous on it’s face. The only real interest is trying to figure out Luttig’s motive. With Conway & Christie it is clear that they are disappointed office seekers, but Luttig is a mystery to me.
We’ve literally got a kid sniffing Chinese agent in the WH and they’re ok with it
Anything else they have to say is disqualified as moronic bs
Not this crap again. This is the same judge who authored the memo for the Bush administration saying torture is OK. He’s a Neocon nut.
Thank you for your intelligent and pithy insight. You both emulate and are a credit to your people.
The problem is he reads the text so literally. Everyone knows the law wasn’t meant for this situation.
What we call a strict constructionist in the trade.
NONE of the people already detained and put on trial [for January 6, 2021] was ever CHARGED with insurrection.
* * *
Wow. A little known fact that needs to be shouted from the rooftops all across America.
Tell me you are a RINO without telling me you are a RINO.
Wow, there it is: a story telling how Luttig was one of three key advisors to Pence before he pulled his shameful, unAmerican act of stopping all discussion of election results as Vice President before Congress.
Pence was basically an accomplice to Nanci Pelosi in their conspiracy against the Constitution and We the People.
On the plus side, this smooth brain nitwit is retired.
He is repulsive-he actually looks like a big fat toad...
“...“incited, and therefore engaged in, an armed insurrection”
That amendment and that section of that amendment does not and never did apply to ex Presidents. He should learn to read.
He looks like he is filling his diaper.
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