this post was submitted on 08 Feb 2024
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I thought this article from Vox did a good job laying out how it could fall in Trump's favor.
Taking Trump out of the equation for a moment, I do find resonance with the argument that a state shouldn't be able to disqualify someone from a national election and that a decision like that should sit at the federal level. I'll also echo circularfish in that I don't trust Republican states to fairly apply this standard. It seems like something Democrat-controlled states might do because they believe in rules/institutions so they'll only do it when pressured, if even then. Republican-controlled states will do to score points on Fox/OAN against anyone from Joe Manchin and leftwards on the political spectrum.
On the states issue, while I understand the argument and it was the only thing that made me reconsider my position, that seems to me more in the arena of how they would like it to be rather than how it is. States have the right to run their elections. The consequences of that might be problematic or inconvenient but that is how our system is designed. I mean I am no constitutional scholar, but I have been reading and listening on this and that's how I see it. As far as it being abused, every state will have some kind of due process to evaluate how legitimate the claim is and ultimately it can be brought to the SC.
Killing Roe and turning abortion into states rights certainly was a level of chaos the court was a-ok with. So they are fine with chaos. As far as it not being a federal issue, I guess, but not everyone has the resources to up and go to another state to get medical care.
This.
I don't see how they can cry, "States' Rights!" all this time and now try to say states DON'T have the right to set their ballots. They do. They keep various 3rd party candidates off ballots all the time for stuff like not having enough signatures to get them ON the ballot.
I heard Trump's lawyer argue that requiring candidates not-be-insurrectionists was adding a requirement not in the Constitution -- except it IS in the Constitution and even though 2/3 of Congress could give a pardon/waiver on that, the fact that they MIGHT do so in the future does not disqualify Trump in the now, which the Colorado lawyer brought up. Later, TV commentators brought up that after the Civil War, a bunch of guys DID preemptively ask Congress for waivers. If Trump got that through now, it sounds like Colorado would have to put him on the ballot.
The Supreme Court decided Bush V. Gore on just the state of Florida. It sounds like they are now deciding Trump V. [Constitution] and trying to blame it on Colorado. Sadly, they seem to want the Constitution to lose. My last hope is that they don't make this about letting 'one state decide the president' because that already happens just based on who each state allows to vote. I'm hoping their decision stems from something actually in the Constitution.