I don’t want him to be president again and I don’t think he will be, but this just isn’t the case, and you’re not going to get a favorable SCOTUS decision on it. It’s an interesting idea to write a law school paper about, not a real legal theory.
That article won’t load for me, but I assume they’ve been convinced. While I believe it’s obvious he’s guilty, this would set a very dangerous precedent. We can’t start treating people like they’re guilty before a verdict. Although the wealthy seem to get the benefit of the doubt fat more effectively after charges are filed, but that’s a whole nother debate.
It isnt a theory. Steve Calabresi, one of the founders of the Federalist Society, whom we’d think should be against this interpretation, wrote an article for Reason in support of the original paper.
The core of the argument is that current context is an extremely good match for the context that created the law in the first place. They seem to believe it enough to think it should be regarded as true. For some reason…
So let’s consider incentives. Why would they want to avoid a court case? Is it possible they’d lose and somehow make a radical event take place in US law?
Maybe they believe it is self-preservation in some way, to avoid a historically significant court decision going against them. Or another way, maybe theyre low key trying to somehow move on.
This may be the closest thing the Republican Party ever does to waving the white flag. They never admit defeat.
I don’t want him to be president again and I don’t think he will be, but this just isn’t the case, and you’re not going to get a favorable SCOTUS decision on it. It’s an interesting idea to write a law school paper about, not a real legal theory.
Except that it’s already been used to keep Jan 6ers off the ballot.
It’s got teeth. How much? I dunno. But Trump doesn’t necessarily need to be disqualified for the party to step in and nominate someone else.
I think a lot of Republicans would welcome the excuse.
That article won’t load for me, but I assume they’ve been convinced. While I believe it’s obvious he’s guilty, this would set a very dangerous precedent. We can’t start treating people like they’re guilty before a verdict. Although the wealthy seem to get the benefit of the doubt fat more effectively after charges are filed, but that’s a whole nother debate.
Yep, unfortunately the only thing that matters is the current SCOTUS interpretation of the Constitution.
It isnt a theory. Steve Calabresi, one of the founders of the Federalist Society, whom we’d think should be against this interpretation, wrote an article for Reason in support of the original paper.
https://reason.com/volokh/2023/08/10/trump-is-disqualified-from-being-on-any-election-ballots/
The core of the argument is that current context is an extremely good match for the context that created the law in the first place. They seem to believe it enough to think it should be regarded as true. For some reason…
So let’s consider incentives. Why would they want to avoid a court case? Is it possible they’d lose and somehow make a radical event take place in US law?
Maybe they believe it is self-preservation in some way, to avoid a historically significant court decision going against them. Or another way, maybe theyre low key trying to somehow move on.
This may be the closest thing the Republican Party ever does to waving the white flag. They never admit defeat.