Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Retired conservative {RINO) judge: ‘Trump disqualified himself’ from ballot
The (s)Hill ^ | 01/30/24 1 | SARAH FORTINSKY

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 ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; Political Humor/Cartoons; Politics/Elections
KEYWORDS: arrestjmichaelluttig; bushcrimefamily; coupaccomplice; domesticenemy; electioninterference; enemieslist; j6; jmichaelluttig; johneastman; laurencetribe; rinosaretraitors; rinosedition
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-66 last
To: Baladas

This freaking idiot doesn’t know it, but his texturalist approach would disqualify every senator and congressman who have voted to not uphold the law on 1) immigiraton, 2) overseas boondoggles and corrupution, 3) trading stocks with the knowlege gained on the job. About 30% of the federal employees who are DNC’ers at work would be disqualified. Anyone who advocates for no voter picture ID or benefited from operations to manipulate the vote count with fake votes that was elected to office.


61 posted on 01/30/2024 7:37:45 PM PST by Jumper
[ Post Reply | Private Reply | To 1 | View Replies]

To: thegagline

What we call a strict constructionist in the trade.

**********************

Where are his other strict constructionist buddies on this one?

Answer: They don’t want to embarrass themselves with a clown like Laurence Tribe.

Luttig if full of shit on this one.


62 posted on 01/30/2024 7:44:35 PM PST by unclebankster ( Globalism is the last refuge of a scoundrel.)
[ Post Reply | Private Reply | To 52 | View Replies]

To: nickcarraway
The 14th amendment section 3 does oddly not mention conviction in its wording.

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Nothing about have been convicted of.

63 posted on 01/31/2024 12:35:43 AM PST by joesbucks (It's called love-bombing. Claiming he's saving the world. This is a cult. Just back away. )
[ Post Reply | Private Reply | To 11 | View Replies]

To: joesbucks

So who is the judge? You? Any POS with an opinion pulled from their @ss? (You again)… falls within my ‘pissoff’ commentary.


64 posted on 01/31/2024 12:56:31 AM PST by antceecee
[ Post Reply | Private Reply | To 63 | View Replies]

To: Lisbon1940

“Insurrection” is 18 U.S. Code § 2383. Trump has never been charged with “insurrection” but Dems (with immoral support from some RINOs) could pick a 95% Dem venue like DC for the idiotic jury pool and get a biased Dem or RINO judge.


65 posted on 01/31/2024 7:01:20 AM PST by ding_dong_daddy_from_dumas (Re-imagine the media!)
[ Post Reply | Private Reply | To 51 | View Replies]

To: antceecee

Nope. The Supremes. Decision expected to be handed down a week from tomorrow.


66 posted on 01/31/2024 2:14:34 PM PST by joesbucks (It's called love-bombing. Claiming he's saving the world. This is a cult. Just back away. )
[ Post Reply | Private Reply | To 64 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-66 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson