1. Welcome to SportsJournalists.com, a friendly forum for discussing all things sports and journalism.

    Your voice is missing! You will need to register for a free account to get access to the following site features:
    • Reply to discussions and create your own threads.
    • Access to private conversations with other members.
    • Fewer ads.

    We hope to see you as a part of our community soon!

President Biden: The NEW one and only politics thread

Discussion in 'Sports and News' started by Moderator1, Jan 20, 2021.

  1. tapintoamerica

    tapintoamerica Well-Known Member

    The end result won’t matter. SCOTUS will overturn. But it’s nice that they will be forced to decide.
    I don’t see how you can be found to have participated in something as serious as an insurrection against the US by any authority other than a criminal court. Congress should finally act on this and fill the void in the 14th amendment by enumerating the process (conviction by a trial court) through which someone is officially disqualified.
     
    Neutral Corner likes this.
  2. Neutral Corner

    Neutral Corner Well-Known Member

    Well, it's sure gonna stir the pot a little.

    I guess the Supremes are on the clock. Happy Holidays, motherfuckers.
     
  3. Driftwood

    Driftwood Well-Known Member

    Unfortunately, that's a question the illegitimate SCOTUS can decide. It can't dictate a particular state's ballot.
    If Trump's name isn't on the ballot, must of his supporters are too lazy or ignorant to write it in.
    In most logical cases, ballots are listed in order of precedence, and in alphabetical order.
    In Tennessee, the Republican candidate is always listed first, then the Democrat, then all others in alphabetical order and listed as "independent" no matter if they are Green, Libertarian, Constitution, or whatever.
    In 2018 when we thought former Democratic governor Phil Bredesen had legit shot at beating Blackburn for senate, that race was listed on about page 8 of the ballot with the hopes that people would give up and not vote.
     
    OscarMadison likes this.
  4. swingline

    swingline Well-Known Member

    This is SCOTUS' chance to reaffirm that we're a republic with laws that apply to all.

    I'm not holding my breath they'll do the right thing.
     
  5. Tarheel316

    Tarheel316 Well-Known Member

    Not holding my breath either. It’s a partisan court and Trump probably has five locks. Roberts might decide against him but that won’t be enough.
     
  6. Octave

    Octave Well-Known Member

    I love the way these Reconstruction-era laws are coming back to bite assholes in the ass.
     
    qtlaw likes this.
  7. garrow

    garrow Well-Known Member

  8. CD Boogie

    CD Boogie Well-Known Member

    I dont know line of demarcation between what state courts have say over versus what SCOTUS does, but wouldnt states have say on which candidates appear on their ballots? If SCOTUS overturns it, will it say the colorado court misinterpreted/misapplied the insurrection aspect? How would they when that aspect has been ill-defined?
     
  9. Driftwood

    Driftwood Well-Known Member

    Secretaries of State are responsible for ballots/elections.
     
  10. franticscribe

    franticscribe Well-Known Member

    The Colorado Supreme Court's opinion is complex because of the nature of the case. But it boils down to essentially two key questions: 1) Can the Colorado Supreme Court determine whether a candidate is disqualified under Colorado statutes? 2)Is Donald Trump disqualified because of the 14th Amendment of the constitution? They essentially answered yes to both questions.

    The US Supreme Court cannot overturn the Colorado Supreme Court's decision about its own authority under Colorado statutes dealing with election laws (and that's where the three dissenters disagreed with the majority.) The US Supreme Court can decide they misinterpreted the 14th Amendment. If SCOTUS did that, it sends the case back to the Colorado Supreme Court which no longer has a basis to disqualify him.

    Bit of an oversimplification as this case presents a bunch of complex issues around the interplay between state and federal law, as well as procedure, but SCOTUS does have the ability to say the Colorado court got it wrong when it interpreted the 14th Amendment and in doing so can completely undermine the Colorado court's ability to disqualify him.
     
  11. franticscribe

    franticscribe Well-Known Member

    That's not universal. The North Carolina Secretary of State is not involved in elections, beyond running for their own office, and it's handled by the state elections board.
     
    Driftwood likes this.
  12. HanSenSE

    HanSenSE Well-Known Member

    Another question: Does this create a domino effect in other states? If so, hoo-boy!
     
Draft saved Draft deleted

Share This Page