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I wish Marc Elias were more active on here - my question I want to ask lawyers is: Assuming we defeat trump, survive his followers' terrorism, and retake the supreme court: How do we override this insane ruling? Do we have to ask Biden to commit a small crime, then charge him?
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A Constitutional amendment can override SCOTUS, can't it?
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Oh yeah that definitely. And honestly that might not be that hard. A "the president is not a King" amendment could get enough popular support even in red states that it could get ratified - especially if Biden wins!
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Yes, but that takes years
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That was my immediate thought, but I think, especially if Biden wins, you'd get 37 states to sign on to ratify it pdq.
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I think you'd get a bunch more some time after that with some smart shoe-on-the-other-foot arguments. All those "if they can do this to Trump they can do it to you" things on a very personal level.
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Maybe. Most people think it won't happen to them until it does.
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37 seems unlikely, given the number of states that jumped on the ban abortion bandwagon