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 ...
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.
What we call a strict constructionist in the trade.
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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.
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.
So who is the judge? You? Any POS with an opinion pulled from their @ss? (You again)… falls within my ‘pissoff’ commentary.
“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.
Nope. The Supremes. Decision expected to be handed down a week from tomorrow.
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