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Trump's cert petition arguing that SCOTUS should confirm that he is eligible for the ballot in Colorado, Maine, and across the nation. It's...actually, pretty good. Worth a look. www.democracydocket.com/wp-content/u...
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The retort to this that's already been leveled is that back when they had a bunch of Confederates that this provision applied to, the Reconstruction Congress that added these amendments could've easily passed enabling legislation if they believed it was necessary. They did not.
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I think that is a good point, but nonetheless there are specific arguments in this brief that are worth addressing. Read the whole thing.
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It's not the worst set of legal arguments I've seen come from his camp, but that's an impossibly low bar given some of the shit that's been filed in his name. It benefits from having a lot of thoughtful dissents to crib from. There's no playbook, so it's easy to say "this isn't the correct process".
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It does seem that there is something to the argument that unlike every other office, the presidency is determined by dozens of contests, and the lack of a uniform standard is debilitating. It’s one thing to disqualify one candidate in one state, but the current process is unsustainable.
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What if SCOTUS says that the presidency is sui generis, and requires a uniform standard such as conviction in a federal court?
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I definitely think SCOTUS's job is to find some way to standardize this. It's the same federal constitution in all 50 states, either he's eligible or he's not. Criminal conviction has always seemed far too high a bar to me though, and was notably not understood to be required at ratification.
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I'm sympathetic to it because "the Constitution is formally defective here" is...just true
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Taken in isolation, yeah. But isn't this in defense of a guy who's here in the first place partly because he tried to subvert the selection of electors, a nearly standardized process across the states?