This deserves a longer write up than I can give it right now, but Biden would be much better off arguing that Trump isn’t a valid candidate than arguing that we should pick him over Trump. He’s avoided it because he thinks Trump is his only argument, but he needs more if we’re gonna win this.
Trump v Anderson is much more vulnerable than it appears at first blush, and if I were a blue state AG, I would consider announcing that I won’t print ballots with his name because the Supreme Court says he’s disqualified. Invite Congress to intervene if they want to compel me to change.
Trump v Anderson. The Court’s sinister supermajority affirmed all six points of Trump’s disqualification, and skipped to the question: Did CO err in ordering Trump off of the ballot? That’s what their whole decision is based on. They said he was disqualified, but Congress had to enforce that.
No, this is false. The Court recounted the Colorado Supreme Court's decision that Trump was disqualified, but in no way did the Court claim any agreement (or disagreement) with this holding.
If they don’t challenge the holding, doesn’t it leave it standing? Or does it simply wipe it clear? Because if he’s not disqualified, then why does enforcement of Section 3 matter? They could just say there’s nothing to enforce, right?
I’m asking sincerely, because I don’t understand why they mention the grounds for disqualification at the beginning of the case and then move to the question of “who gets to disqualify?” if they weren’t basically conceding that he could be. But I’m a college dropout, lol.
All the Court is doing there is recounting the history of the case. That's not the same as agreeing with it. Their holding is that individual states don't get to enforce this prohibition; it's up to Congress to do so, and it should be a uniform, national decision as to a presidential candidate.
It is! It’s the 14th Amendment. My point is that states are allowed to hold candidates ineligible for the ballot. The Supreme Court left alone the question of whether Trump is disqualified, with CO as the last word. If simply rejecting him for the ballot is “enforcement,” litigants can make a case.
And it’s that states can’t “enforce” the 14th amendment. And they aren’t. There’s no legal right to be on a ballot when you’re ineligible to hold office.
