I recently witnessed a significant "family meeting" type discussion in /r/law after the Fanni Willis debacle. Experienced trial attorneys making politically agnostic observations about potential impacts to the case were being down voted into oblivion for the mere act of being politically agnostic and acknowledging even the possibility that Willis could have acted in a way that could negatively impact the case. The adults in the room circled the wagons. The consensus was that any thread that achieves a minimum critical mass of participants will attract partisan non-experts whose interest in facts and reality is secondary to their interest in every situation conforming to their preconceived notions.
This post is one of the bad legal takes on this sub that it purports to call out.
“You can think that the stakes are so high here that the justices should depart from textualism and original public meaning to read the phrase more broadly. You can upmarsey all the people who say Trump should lose”
Just read Baude's extensive paper. Disqualifying trump likely follows the text original intent and original meaning of the 14th amendment. Pretending disqualifying Trump is “progressive” constitutional interpretation is disingenuous and misleading
This article combined with the Federalist society argument is not a novel “progressive” constitutional theory.
There is ample historical evidence that the president was considered an officer at the time of drafting and ratification.
Yeah, it's hard to take posts like this seriously.
We are posting in a midwit thread on God
!Neolibs, do you think you know more than the supreme court?
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It's quite possible that president, the only nationally elected office, was meant to be excluded from the rule because an elected president represents the will of the entire country, instead of an individual state that was still seething about the Civil War. The national electorate letting in an insurrectionist would be the equivalent of Congress waiving the requirement by 2/3 majority. Both represent forms of national consensus, and in the wake of the Civil War would have required Northern or Republican approval.
However, by practical standards the officer thing is r-slurred and if they rule on that it'll be a massive copout. Ruling solely on Colorado's rights is also a copout because it could leave Congress responsible for determining whether Trump legally can be president, resulting in a bothsides January 6 where Dems would have valid legal reasoning to refuse his electors.
What the country needs is an answer on whether le drumpf committed "insurrection." He obviously did not, he gave a speech to some angry protestors. He was never charged with any such crime despite 91 other felony charges, and neither were any of the rioters. And even the lib justices should be comfortable saying that because their tradition does not support expansive, punitive definitions of crimes. However, if they want to rebuke him, they may split the difference and declare that the events at the Capitol were insurrection but that Daddy didn't participate.
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Impressive. Normally people with such severe developmental disabilities struggle to write much more than a sentence or two. He really has exceded our expectations for the writing portion. Sadly the coherency of his writing, along with his abilities in the social skills and reading portions, are far behind his peers with similar disabilities.
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Depends on what we mean by "insurrection."
Did donald trump try to steal an election he lost? Yes.
Did donald trump continue to repeat blatant lies about election fraud knowing it would incite his fanatical base? Yes.
Did donald trump abuse his position to pressure state officials into aiding his election theft attempts? Yes.
Trying to confine the question just to jan 6th is dubious.
Nothing Trump did in 2020 was even slightly acceptable. If there are no consequences we're completely fricked moving forward.
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Did donald trump lead an insurrection? No
Was the protest on jan 6th an insurrection? No
Was trump charged with insurrection? No
There is no legal ground for any of this
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I couldn't find poll results for "was it an insurrection" but I'm guessing it'd be less than 55%
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It was fake and straight for sure
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What would you say the goal was of the people that stormed congress, and why were they so motivated?
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Police waved them in, they wanted to see congress and address their greivenaces in a perfectly legitimate matter.
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