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

Skip to comments.

Justices skeptical of 14th Amendment case banning Trump from ballot: Key takeaways
Yahoo! ^ | Thu, February 8, 2024 at 1:11 p.m. CST | DEVIN DWYER and ISABELLA MURRAY

Posted on 02/08/2024 11:53:18 AM PST by Red Badger

The U.S. Supreme Court on Thursday appeared highly critical of a Colorado Supreme Court decision that would ban former President Donald Trump from the state's 2024 GOP primary ballot under Section 3 of the 14th Amendment.

During more than two hours of oral argument in the historic case Trump v. Anderson, each of the court's nine justices expressed skepticism that an individual state has the authority to deny a candidate for federal office from the ballot as an "insurrectionist."

“It just doesn't seem like a state call,” Justice Amy Coney Barrett said.

“Why should a single state have the ability to make this determination not only for their own citizens, but for the rest of the nation?” said Justice Elena Kagan.

While the court's ultimate decision is not always clear based on the questions raised during a hearing, it appeared likely that a majority of the court is ready to reverse the Colorado decision and put an end to efforts nationwide seeking to disqualify Trump under the rarely used, 150-year-old constitutional provision.

Section 3 of the 14th Amendment was drafted after the Civil War to prevent former Confederates from holding positions across government. It reads no person who took an oath as an "officer of the United States" who then "engaged in insurrection" can hold an office "under the United States" in the future.

Only Congress, it adds, can remove the disqualification by two-thirds vote of both the House and Senate. It does not spell out who gets to decide when someone has "engaged in insurrection" or how. The nation's highest court has never before examined the issue.

(Excerpt) Read more at ca.finance.yahoo.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS:

1 posted on 02/08/2024 11:53:18 AM PST by Red Badger
[ Post Reply | Private Reply | View Replies]

To: Red Badger

I saw a picture of company in this article probably in another news source and it was some scruffy looking low life with a sign that said “Let The Reckoning Begin” I reckon a lot good folks of all races living within Urban borders are going to have to put up with a bunch of crazy nincompoops, because the Democrats “running” those cities aren’t going to do squat.


2 posted on 02/08/2024 11:57:58 AM PST by Clutch Martin ("The trouble ain't that there is too many fools, but that the lightning ain't distributed right." )
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clutch Martin

If you have a political party whose power base is poor, disaffected, uneducated people, you are going to make damn sure you NEVER RUN OUT OF POOR, DISAFFECTED, UNEDUCATED PEOPLE...............................


3 posted on 02/08/2024 12:02:48 PM PST by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Red Badger

While Trump is likely to lose Colorado anyway (80-90% chance, IMO), we have to fight EVERY case tooth and nail. A victory for Trump here will objectively define the Left’s use of lawfare against him, particularly in the complete absence of any actual cogent issue-related arguments from the Left.


4 posted on 02/08/2024 12:03:15 PM PST by Eccl 10:2 (Prov 3:5 --- "Trust in the Lord with all your heart, and lean not on your own understanding")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger
While the leftwing commie judges might have sounded skeptical today of Colorado's case, someone will get to them to remind them their loyalties are to the Party, not the Constitution.

They were selected for the Court to advance their Party's political power and will do as they are expected by their leaders.
5 posted on 02/08/2024 12:06:59 PM PST by Dan in Wichita
[ Post Reply | Private Reply | To 1 | View Replies]

To: Eccl 10:2
A victory for Trump here will objectively define the Left’s use of lawfare against him, particularly in the complete absence of any actual cogent issue-related arguments from the Left.

Not only that, it will take way their often used charge of "INSURRECTION" AS it just won't make sense given that was the reason Colorado pulled his name.

6 posted on 02/08/2024 12:07:54 PM PST by 1Old Pro
[ Post Reply | Private Reply | To 4 | View Replies]

To: Red Badger
"It does not spell out who gets to decide when someone has "engaged in insurrection" or how..."

And there's the rub: there's no due process, no evidence, no defense, no findings in these cases... in some of these cases it's literally a single person making a determination. All of this is completely antithetical to the entire premise of our Constitution on many levels.

7 posted on 02/08/2024 12:11:22 PM PST by alancarp (George Orwell was an optimist.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

Which Justices?

I’m not sure now that John Roberts will decide the right way. It depends on which side of the bed he wakes up on.


8 posted on 02/08/2024 12:25:55 PM PST by SeekAndFind
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind
...each of the court's nine justices expressed skepticism that an individual state has the authority to deny a candidate for federal office from the ballot as an "insurrectionist."
9 posted on 02/08/2024 12:27:23 PM PST by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Red Badger

So the entire supreme court has never examined the issue, but way back in the day before we had circuit courts of appeals, the justices of the supreme court would hear cases individually as sort of an appellate court lower than the supreme court as a whole. And it so happens that the Chief Justice of the supreme court did hear a case individually in such a capacity after the civil war, appealing a conviction from a trial judge who was a confederate military officer. He held that because congress had not yet passed any statute disqualifying confederate military officers from judgeships at the time of the conviction - though they would eventually - the conviction stood, because the 14th amendment was not self-executing. Congress had to act for it to have effect.


10 posted on 02/08/2024 12:36:06 PM PST by CraigEsq (,)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

Imagine the anticipated outcome if the Hildebeast was prez and appointed three justices with the IQ of idiot Ketanji Brown Jackson.

Thank you President Trump!


11 posted on 02/08/2024 1:06:51 PM PST by Jacquerie (ArticleVBlog.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

Obvious to most. It does show how scary stupid and evil Brandon is. Hopefully this will pull the thread to unravel it all.


12 posted on 02/08/2024 1:07:57 PM PST by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

Obvious to most. It does show how scary stupid and evil Brandon is. Hopefully this will pull the thread to unravel it all.


13 posted on 02/08/2024 1:08:01 PM PST by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

Obvious to most. It does show how scary stupid and evil Brandon is. Hopefully this will pull the thread to unravel it all.


14 posted on 02/08/2024 1:08:02 PM PST by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

The attorneys for Colorado are getting their butts kicked - and HARD!


15 posted on 02/08/2024 1:35:56 PM PST by Enterprise ( )
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

Given the constitutional importance of Due Process, can anyone point out when Trump was charged, tried and convicted of the specific charge of insurrection? Asking for about 80 million+ friends.


16 posted on 02/08/2024 1:42:56 PM PST by muir_redwoods (Freedom isn't free, liberty isn't liberal and you'll never find anything Right on the Left)
[ Post Reply | Private Reply | To 1 | View Replies]

To: muir_redwoods

it all happened on Jan 6th... pelosi even made a movie about it. and so did i

https://rumble.com/v181401-january-6th-rally-2021.html


17 posted on 02/08/2024 2:35:51 PM PST by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world or something )
[ Post Reply | Private Reply | To 16 | View Replies]

To: Jacquerie

I would not be knocking Ketanji Brown Jackson today if I were you. She helped Trump’s case tremendously with her questions and apparent skepticism of the Colorado plaintiff’s positions. She also seemed pretty convinced that Section 3 did not apply to the Presidency.


18 posted on 02/08/2024 4:18:51 PM PST by XRdsRev (Justice for Bernell Trammell, Trump supporter, murdered in 2020)
[ Post Reply | Private Reply | To 11 | View Replies]

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