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.
Hi, first-time caller first-time listener, and I've probably successfully removed more candidates from election ballots than you have and I have no idea why you think this is plausible. Trump v Anderson says that states can't enforce this provision, so how is this not settled law?
Because the Enforcement Act they cited was only for non-compliant states under the Constitution. It created a penalty for keeping someone on the ballot, not a mechanism for removing them. They’re not enforcing Section 3; they’re complying with it.
Respectfully, the Court wrote: "States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency." I don't see how you read "no, power!" out of "no power."
Because again, I read the Enforcement Act. It only creates penalties for states that don’t comply. Presumably, if states simply defer to the written text of the Constitution, there is no need for the process to be created by Congress. Either way though, it’s worth it for the litigation.
I just don't see what you're seeing. Regardless of whether I like it, the Court was clear. Individual states don't get to enforce the insurrection clause.
Individual states don’t get to enforce it, no, but they can comply with it. The question is whether running as an insurrectionist is a crime that can be enforced. The 14th amendment requires that such a candidate not appear on the ballot. Congress created penalties (enforcement) when they did.
