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Will SCOTUS honor "states rights" when asked to nullify the removal of Trump's name from ballots? [1]

['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']

Date: 2023-09-08  

The Guardian just put out a piece on the 2024 Presidential Election wherein they quoted retired 4th Circuit Appeals Court judge Michael Luttig on the subject of disqualification of Donald Trump from running for office under Section 3 of the 14th Amendment:

Trump’s eligibility under the 14th Amendment “… is one of the most fundamental questions that could ever be decided under our constitution. … And it will be decided by the Supreme Court of the United States sooner rather than later, and most likely before the first primaries.”

This would be a monumental decision by SCOTUS, however they decide it, and whatever logic they use to support their judicial opinion.

Although the question of “why” has too many avenues to cover in this diary, I think the question of “what” will come down to three possible choices:

Based on the January 6 Select Committee’s report, Trump is guilty of insurrection and he is ineligible to run for office in 2024 and beyond. ALL States must remove his name from all ballots for both Primary and General elections.

his name from all ballots for both Primary and General elections. No court of law has declared Trump guilty of insurrection, and of all the pending proceedings, none involves a charge of insurrection. The 14th Amendment is not self-executing, so ALL States must include Trump’s name on their ballots, as long as he is otherwise eligible.

Trump’s name on their ballots, as long as he is otherwise eligible. Each state may use whatever evidence they deem applicable to determine if Trump’s actions after the 2020 election constituted insurrection. The Constitution grants power to the 50 states to run their own elections, and SCOTUS has no role in interfering with that process, one way or the other.

The third option would be very much in line with many of their recent rulings, especially Dobbs.

However, if we think back on Bush v Gore, the Court had no problem interfering with Florida’s recount process — in order to declare Bush the winner.

Perhaps DK pundits would like to suggest their own “most likely scenario” for what SCOTUS will be asked to decide and how they would ultimately rule? Feel free to use the comment section below to posit your best guess.

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[1] Url: https://www.dailykos.com/stories/2023/9/8/2192292/-Will-SCOTUS-honor-states-rights-when-asked-to-nullify-the-removal-of-Trump-s-name-from-ballots

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