TUESDAY, MARCH 5, 2024
...by the Court's (unsurprising) decision: Yesterday morning, at 10 a.m., a new arrival on the front became the topic of general conversation.
That new arrival was the Supreme Court's decision in the Colorado ballot removal case. Dual headlines included, the leading news report in today's Washington Post (print edition) starts exactly as shown:
Supreme Court keeps Trump on ballots nationwide
UNANIMOUSLY REVERSES COLORADO RULING
The Supreme Court on Monday unanimously sided with former president Donald Trump, allowing the 2024 Republican presidential front-runner to remain on the election ballot and reversing a Colorado ruling that disqualified him from returning to office because of his conduct around the Jan. 6, 2021, attack on the U.S. Capitol.
The justices said the Constitution does not permit a single state to disqualify a presidential candidate from national office. The court warned of disruption and a chaotic state-by-state patchwork if a candidate for nationwide office could be declared ineligible in some states, but not others, based on the same conduct.
The decision was "unanimous," the front-page news report said.
A front-page report in the New York Times used that very same word. "Though the justices provided different reasons, the decision’s bottom line was unanimous," Adam Liptak wrote in the second paragraph of his own report.
Rightly or wrong, wisely or not, all nine justices had decided that the state of Colorado didn't have the right to bar Donald J. Trump from the ballot. Not should this decision—a decision reached by all nine justices—have come as some sort of surprise.
Consider what happened on the evening of February 8, when Rachel Maddow joined her "beloved colleagues" in telling us, her "beloved viewers," about that day's Supreme Court hearing on this very matter.
As we noted yesterday, Maddow started, rather weirdly, by telling us that we were her "beloved viewers." She then offered her own reactions to the day's hearing, which had been broadcast live, though in audio only.
Eventually, Maddow turned to Ari Melber, the legal analyst among her collection of colleagues—and when Maddow threw to Melber, he straight-up told her this:
MELBER (2/8/24): It speaks to how bipartisan this was, based on the different Justices appointed by different parties. Based on the questioning, which is all we have to go on, I would give you eight or nine votes likely against the Colorado Trump ballot ban.
And that's not because all eight or nine of those people are soft on insurrection. It's because of the things you raised and that we heard some in the questioning about.
Could Candidate Trump be banned from the ballot? As Melber finished a fairly lengthy initial statement, he offered this assessment:
MELBER: I think that the justices, including the Democratic appointees, basically said, "Yes, but not at the state level."
So Melber said, all the way back on the evening of February 8.
The whole fandango had been quite bipartisan, Melber said. Even "the Democratic appointees" seemed to be down with the idea that the state of Colorado didn't have the right to remove Trump from the ballot.
That was Melber's assessment, based on that day's hearing. Nor was Melber's analysis some sort of outlier at this point in time.
The next morning, front-page reports in the Post and the Times offered the same assessment. In the self-same Washington Post, a February 9 report said this:
Supreme Court poised to allow Trump to remain on Colorado ballot
The Supreme Court on Thursday seemed poised to allow former president Donald Trump to remain on the Colorado ballot, expressing deep concerns about permitting a single state to disqualify the leading Republican candidate from seeking national office.
Justices from across the ideological spectrum warned of troubling political ramifications if they do not reverse a ruling from Colorado’s top court that ordered Trump off the ballot after finding that he engaged in insurrection around the Jan. 6, 2021, assault on the U.S. Capitol.
The court was considering the unprecedented and consequential question of whether a state court can enforce a rarely invoked, post-Civil War provision of the Constitution to disqualify Trump from returning to the White House.
During more than two hours of argument, the justices asked questions that suggested their often divided bench could reach a unanimous or near-unanimous decision to reject the challenge to Trump’s eligibility brought by six Colorado voters...
It was instant conventional wisdom—conventional wisdom which turned out to be thoroughly accurate! Yesterday morning, the court ruled in precisely the way Melber had predicted to his beloved colleague four weeks before:
As it turned out, all nine justices agreed. For better or worse, the state of Colorado did not have the right to bar Candidate Trump from the ballot. So said all nine justices, including the three from our own blue tribe.
Back on February 8, it had been conventional wisdom:
The ruling was likely to be unanimous. The ruling would go against Colorado, and it would favor Trump.
In that sense, there was zero reason for surprise when the court issued its ruling yesterday morning. And yet, starting at 4 p.m., the major stars on the blue tribe "cable news" channel expressed their outrage—and their apparent surprise—about the heinous ruling the court had shockingly issued.
At 4 p.m., Nicolle Wallace seemed to be shocked by what the court had done. At 9 p.m., we ourselves were somewhat shocked by the way Maddow presented this widely anticipated ruling.
That said, we're not sure we can remember a time when our nation's two warring tribes disintegrated into so much bad faith—or perhaps, into so much furious true belief, furious tribal true belief which serves to overwhelm sound journalistic judgment.
(Or into so much baldly mercantile conduct? We can't tell you that.)
In some ways, the cultures of our two warring tribes are strikingly different. We know of no one in the world of blue tribe cable news who behaves in the way Greg Gutfeld behaved last night on his eponymous primetime program on the red tribe's channel.
In our view, Gutfeld—a 59-year-old man—is a little bit nutty and a whole lot more than a little bit smutty. We know of no one in the blue tribe orb who behaves in anything resembling the way he and his gang of flyweight guests routinely behave, on a nightly basis.
On the other hand, this:
In recent days, we've frequently thought of the poisonous culture outlined by Robert Graves in his acclaimed 1934 novel, I, Claudius.
In that historical novel, the reader sees the way the Roman public was routinely deceived about the workings of their republican institutions. These repeated deceptions took place as central figures behind the throne engaged in ongoing behavior which was literally poisonous.
We've often thought of that acclaimed novel—and of the subsequent, highly acclaimed BBC/PBS series—as we've watched our own blue tribe match much of the more unfortunate conduct of its red tribe rival of late.
We were struck by Maddow's behavior as she railed against the court's unanimous assessment last night. One hour later, we were struck by a claim advanced by Lawrence O'Donnell—a tribally pleasing claim which strikes us as simply false.
The furious Maddow seemed to be shocked by the Court's (unanimous) assessment. As we thought back to the events of February 8, her reaction struck us as perhaps a bit strange—but also as an artifact of the deeply flawed human nature which was developed long ago, in our imperfect species' prehistoric past.
Can we blue tribe denizens learn to see ourselves as we secretly are? Might we be willing to take The Blue Tribe Challenge?
History suggests that the answer is no! That said, we'll continue to look at the cultures displayed in certain works of high-end literature as we fruitlessly continue to suggest that we blues might strive, like the famous physician of old, to learn how to heal ourselves at this time of peril.
Tomorrow: What Maddow, O'Donnell said
About those polls, Simon Rosenberg says:
ReplyDelete"Biden Leads in 2 New Polls - Yes, there are polls showing Trump ahead. But there are also these other polls released in the past week: (Biden-Trump):
44%-43% - Morning Consult (new today, 6 pt Biden gain in past month)
43%-42% - TIPP (new today, 3 pt Biden gain from last month’s poll)
44%-44% - Economist/YouGov
36%-36% - AP/NORC
40%-40% - Impact Research/GSG battleground state poll (link)
Morning Consult’s just released weekly tracking poll found something that we’ve been discussing as the likely scenario this spring - that as the campaigns turn on, and it becomes clear it is Biden-Trump, a big chunk of Biden’s wandering base will come home. We will then we have a campaign to go get the rest and hopefully go beyond it and get to 55."
The world’s greatest photograph is 64 years old today.
ReplyDeletehttps://en.m.wikipedia.org/wiki/Guerrillero_Heroico
Well, it inspired a lot of t-shirt art...but "greatest"? Not really.
DeleteIs Somerby unaware that there were four dissenting justices to the additional considerations the decision imposed on using Section 3 of the 14th Ammendment? These are found in Part II of the decision. Amy Coney Barrett joined the three liberal justices in writing a dissent to those additional considerations.
ReplyDeleteSomerby wishes to present the decision as unanimous but only the part restricting the use of Section to Congress was unanimous. There was dissent to the rest of the decision. Leaving that out is how Somerby puts his thumb on the scales. You really do have to check his work.
Somerby wishes to question the shock of certain cable news hosts about the decision, but he himself ignores the part that was controversial in the decision, the part where the conservative justices became legislators instead of justices, by creating restrictions on the use of Section 3.
Aside from this being a trivial nitpick over the expressive behavior of cable news hosts, there is some basis for concern in what the conservative justices wrote, to the point that one of the Trump appointees joined the liberal dissenters. That is NOT bipartisan at all.
But Somerby narrative today will not change because of these facts. He will go on maligning MSNBC, oblivious to the situation, because he will not read his comments. That makes Somerby an excellent example of the foolishness someone can present if they don't read more broadly.
I hate to spoil Somerby's gotcha moment, but too many of his ridiculous attacks on Maddow and others go astray this way, leaving it clear that he is motivated by animosity and not a concern for truth or even balance in reporting.
Outside of the Per Curiam opinion, what do you feel was important in that it changed the narrative to such a degree to make Somerby's critique invalid?
DeleteSomerby's critique consists entirely of the idea that the decision would be unanimous and bipartisan, as predicted on Feb 8. My critique is that it was unanimous and bipartisan only in ruling that the states could not exclude someone from the ballot. The rest of the decision was not unanimous and largely partisan (except for Amy Coney Barrett). I believe that negates Somerby's criticism of the reactions by various MSNBC hosts, which were unhappy with the decision, even though it had been predicted. I do not see why anyone should have to accept an unfriendly decision calmly simply because others predicted it would happen.
DeletePart II of the decision consists entirely of the dissents written by the four other justices:
"“If it is not necessary to decide more to dispose of a case, then it is necessary not to decide more.” Dobbs v. Jackson Women’s Health Organization, 597 U. S. 215, 348 (2022) (ROBERTS, C. J., concurring in judgment). That fundamental principle of judicial restraint is practically as old as our
Republic. This Court is authorized “to say what the law is” only because “[t]hose who apply [a] rule to particular cases . . . must of necessity expound and interpret that rule.” Marbury v. Madison, 1 Cranch 137, 177 (1803) (emphasis added). Today, the Court departs from that vital principle, deciding not just this case, but challenges that might arise in the
future. In this case, the Court must decide whether Colorado may keep a Presidential candidate off the ballot on the ground that he is an oathbreaking insurrectionist and thus disqualified from holding federal office under Section 3 of the Fourteenth Amendment. Allowing Colorado to do so
would, we agree, create a chaotic state-by-state patchwork, at odds with our Nation’s federalism principles. That is enough to resolve this case. Yet the majority goes further.
Even though “[a]ll nine Members of the Court” agree that this independent and sufficient rationale resolves this case, five Justices go on. They decide novel constitutional questions to insulate this Court and petitioner from future controversy. "
---------------------------
This action by the five conservative justices is outrageous and a matter of concern to liberals, and rightfully of concern to the MSNBC hosts Somerby today accuses of being performative.
A further problem is that Somerby conceals the existence of this second controversy from his readers here, in order to make it seem like these cable news hosts were unreasonably upset about a predicted unanimous verdict. That is deceptive on his part.
DeleteMost shocking - but given the oral arguments, not surprising - to me is that even the 3 liberal justices would agree (or more disquietingly assume) that one state cannot exclude a federal candidate. That's just absurd. It's the state's own election. Where has this assumption been hiding, as, for elections throughout my lifetime, third party candidates have struggled to gain ballot access in all 50 states? As Al Sharpton put it so well this morning, "that should be the insurrectionist's problem." Or the party that nominates the insurrectionist. Not one of the 9 justices, sadly, could be bothered to ground their panic in the text of the 14th Amendment or the Constitution as a whole. Or to address the very question they believe demands exclusively federal decision: Is Trump an insurrectionist. Sheer cowardice. All of them.
DeleteAll nine Justices agreed unanimously that the states should not be able to enforce the disqualification provision. The liberal judges that took issue issue with the majority’s conclusion about Congress reiterated their support for the unanimous conclusion that the 14th Amendment does not allow the states to prevent a candidate from holding federal office.
Delete12:31 - Let me see if I get it. All nine justices voted to reverse the Colorado Supreme Court's decision. But this was not "unanimous." Proving Somerby is "motivated by animosity" for saying it was.
DeleteAnd then the three liberal justices plus Amy Coney Barrett (appointed by Trump) said that the remaining 5 justices (who were a majority) had no business writing law by trying to limit application of Section 3. Congress does that. That is the part Somerby left out too.
DeleteNo, Pied Piper, that isn't even close to the situation. Try again. First read what others have been saying, and if necessary, read the decision itself -- it is short.
DeletePied, you seem to be not getting it on purpose. The judgement was unanimous. The additional considerations were not. O"Donnell did a pretty good job explaining this. This suggests the ruling was not "Insane" which was Bob's response to it in real time. Bob also blew a fuse insisting Republicans had not caused the riot at the Capitol "legitimate political discourse" which they clearly had. If you play Bob's dumb game, people will see through you, understand?
DeleteOK, I'll try again. According to Somerby, "Rightly or wrong, wisely or not, all nine justices had decided that the state of Colorado didn't have the right to bar Donald J. Trump from the ballot." This is true, and in fact was a "unanimous judgment," according to 3:02. But Somerby didn't discuss secondary issues which did not affect the judgment, so we can infer he was "motivated by animosity."
DeleteI'm sure there were footnotes you didn't discuss, so can we infer you're similarly motivated by animosity?
It's bizarre how much of Somerby-hate takes the form: "Somerby did not discuss X." Here, Somerby did not discuss arcane legal issues unrelated to his message today, and this is presented as "proof" of his unsavory and ulterior motives!
DeleteAnd, who here said the judgement was not unanimous, and so, beyond playing "gloat along with Bob", what is your point?
DeleteI wasn't given a clear answer to my original, simply stated question. There was a long response but I didn't see the answer there. Good luck with your continued pursuit.
DeleteThe additional material in the decision is important too. It was entirely left out of Somerby's description of the decision, but it was likely the source of the outrage Somerby says was displayed on MSNBC, which Somerby pretends was unjustified by the decision (the one he did not fully describe but said was only the unanimous part, ignoring the 4 dissents about the additional conservative restrictions on Paragraph 3 of the 14th amendment to the Constitution. Then Somerby pretends the hosts on MSNBC were upset for no reason. That is DISHONEST of Somerby. Now you come along and try feebly to defend Somerby by pretending that dissents are akin to footnotes.
DeleteFour justices disagreed with the conservative justices writing law instead of adjudicating disputes. That is not nothing. But my point is that Somerby cooked the books in today's essay and you cannot trust someone who does that.
Rationalist, here was your question:
Delete"Outside of the Per Curiam opinion, what do you feel was important in that it changed the narrative to such a degree to make Somerby's critique invalid?"
Somerby's critique was that the MSNBC shouldn't have been surprised by the decision given that it was predicted on Feb 8. The word "surprised" is Somerby's description, but they were more likely upset or outraged or angry or any number of other emotional states. The decision itself consisted of two parts. The first part was predicted but the second part was not. The second part involved the conservative justices writing law (according to the dissents to that part of the decision). Somerby never mentioned the second part, and thus pretended that the MSNBC hosts were upset about the unanimous first part of the decision, when they were not. That is deceptive. What was so important that it changed the narrative is that conservatives used the decision to write law narrowing the 3rd paragraph for future application, when there were no issues related to that requiring them to do so. And I quoted the dissent, to make clear what they said.
I was quite clear in my answer to your question. If you still do not understand what I said, never mind. I will ignore your future comments, on the strong likelihood that you are being deliberately obtuse, which is trolling and not worth my time.
Are you the one pretending to have read I, Claudius?
Delete3:32 - I hate to break it to you, but there were no dissenting opinions.
DeleteYou are incorrect. There were 4 people dissenting in two distinct dissents written and included in Part II of the decision, one by Amy Coney Barret and one signed by the three liberal justices. There were no dissents to Part I which is the part that says the states should not be deciding who stays on the ballot in a federal election.
Delete3:53 - Those are concurrences, not dissents. Obviously, you do not know the difference.
DeleteDavid Stein 1:35 points to the right issue. Our system of federal elections, by design, is NOT federal. The elections belong to the separate states. The Colorado decision didn't remove Trump from the ballot in California, Wisonsin, or Florida--only from the Colorado ballot.
DeleteNotably, Colorado law allows the state Republican party to demand a ballot access fee from primary election candidates. To appear on the ballot, candidates must pay $40,000 to the state party or promise to hold fundraising events on behalf of the party. As the state of play exists today, a GOP primary candidate can be removed from the ballot for failing to pay this fee--but can't be removed for engaging in insurrection against the United States!
Anyway, Mr. Stein's question is the correct one: Where has this assumption been hiding? The reasoning of this decision admits, finally, that yes, Virginia, national elections DO exist in our country!
4:42 is me. Bah!
DeleteFour justices did not concur with Section II of the ruling.
Delete""In that historical novel, the reader sees the way the Roman public was routinely deceived about the workings of their republican institutions."
ReplyDeleteThe novel I Claudius depicts the Roman Empire, not the earlier Republic. It begins in 27 AD with the crowning of Caesar Augustus by the Senate who thereafter ruled Rome as emperor. None of this happened because of the deception of the populace, although elections still happened at the local level. Here is another book that Somerby warps to suit his own narrative.
It's not like the Senate and four assemblies were disbanded at the advent of the empire. There was not a substantial difference until later.
DeleteAnd the machinations and deception of the populace became more intense with the empire, not less. Especially in the rivalries that took place between and within the powerful families which certainly did not typically serve the interests of the populace. And those played a central role in I, Claudius.
Yes, the rivalries within the families were the focus, not the voting populace or even the Senate. Somerby distorts the content of the book when he uses it to talk about deceiving the public, trying to draw a parallel to our own democracy, which is very different than Rome's Republic, even when it was functioning. These sloppy allusions (with drawing any specific parallel at all) are irritating because they mislead his readers and are lazy at best.
DeleteIt is a kind of literary name-dropping. If you drop names without having ever met a person that is akin to making an allusion without there being any similarity between two things being compared (or without having read the book in question).
DeleteI, Claudius starts in 44 B.C. not 27 A.D. Which doesn't sound like a big difference but it negates your earlier point, which already suffered from the weaknesses I pointed out.
DeleteSo, is it Somerby that is doing the literary name-dropping or someone who is unfamiliar enough with the book enough to make this mistake as they simulataneously act as if they have superior knowledge of it? All in an effort to crack open a simple, uncontroversial sentence.
Could that be labeled as misleading or lazy? I'm sure readers can decide for themselves based on what is recorded above.
"or without having read the book in question" A confession?
I'll just end with a "name drop." Germanicus.
Claudius was a real person.
DeleteNo one has contested that, unless I missed it.
DeleteThe Roman Empire is dated from 27 AD not 44 BC. The naming of Caesar as Augustus is the start of the series and book and is described as the start of the Roman Empire. Claudius was born in 10 BC so mention of 44BC was likely background, not the story itself. And yes, that is a nitpick considering that my point is that the book is not about deception of Roman voters, as Somerby claims.
DeleteI bring this up because I wonder why he drags these largely irrelevant books into his blog, if not just to brag that he read them (mostly in college). It is a stupid distraction. But maybe it is another shout-out to BAP and his fanboys? It doesn't make any sense at all as discussion of the supreme court decision or what appears on MSNBC.
No, the book starts in 44 B.C. There is no getting around that. Claudius isn't even born. The television series started later.
DeleteThe treatment of Germanicus is very much about deception of Roman voters.
I give up. Just say whatever, I guess. Anti-Somberby Propaganda.
And how does any of that relate to today's discussion? And how does it justify Somerby deceiving his readers about the content of the supreme court decision?
DeleteI read I Claudius in college in the 1960s. I do not have a copy on my shelf. I watched the series on PBS and that was a long time ago too. I don't consider any of this quibbling germane to Somerby's use of these obscure texts (which he probably only read in college himself) in ways that are largely irrelevant to anything being discussed. I don't know why he does it, but it adds nothing.
I do think it is a dog whistle to BAP and his followers and it would explain a whole lot if Somerby has been seduced by that crowd.
If you are accusing me of being anti-nihilist, anti-fascist, anti-racist, anti-misogynist, and so on, I will cop to that. Somerby has been saying increasingly ugly things here that should not stand under the pretense of being liberal. That is especially true if BAP is his mentor.
You wrote:
Delete"The novel I Claudius depicts the Roman Empire, not the earlier Republic. It begins in 27 AD with the crowning of Caesar Augustus by the Senate who thereafter ruled Rome as emperor. None of this happened because of the deception of the populace, although elections still happened at the local level. Here is another book that Somerby warps to suit his own narrative."
I showed why this was wrong.
I am trying to honestly determine your point.
DeleteI think it is, "Somerby is wrong. If not for the reasons I give, then some other reason."
Okay. It's just hard to evaluate other reasons until other reasons have been offered. I took issue with the reasons given.
From Kevin:
ReplyDeletehttps://jabberwocking.com/how-trump-plans-to-make-billions-from-his-worthless-social-network/
Speaking of unanimous rulings, every investigation into Joe Biden's corruption have ruled that no charges are warranted.
ReplyDeleteIMO the idea that someone can be removed from a ballot for reasons other than age or other objective criteria is loco. It’s radical. I am sorry to see it treated with respect. The precedent is as much a risk to Dems as to Reps.
ReplyDeleteE.g. could a conservative SC throw Biden off the ballot? That should be unthinkable.
David, the removal for insurrection is part of our Constitution.
DeleteSection 3 of the Fourteenth Amendment prohibits anyone who has previously taken an oath of office (Senators, Representatives, and other public officials) from holding public office if they have "engaged in insurrection or rebellion" against the United States government.
DeleteThe problem comes with the fact that the term "insurrection" is not explicitly defined by federal law.
But it isn't arbitrary. The term "age" isn't defined either but that poses no problem when excluding those who are too young. In Trump's case, if the court case pending on charges of insurrection were to convict him, he could be removed from office, file suit and THEN the supreme court could consider the issues. It is wrong for the court to include what the Congress left out when writing the 14th Amendment because the court doesn't write amendments to the Constitution. It isn't their role.
Delete@2:46 is there a court case pending against Trump on charges of insurrection? I was unaware that he had been charged with insurrection in any jurisdiction? Do you have a link? Thanks.
DeleteYes, Trump has been charged by a grand jury for his actions leading to 1/6. There is no specific crime called insurrection but there is also no specific crime called civil war. He has many charges pending involving violating his (and other people's) oaths of office, which is what the 14th Amendment is about.
Deletehttps://www.wsj.com/video/special-counsel-jack-smith-announces-trump-indictment-in-jan-6-probe/467377AE-2B50-4F03-8708-ED3A50658DCE
https://www.nytimes.com/2023/08/01/us/politics/trump-indictment-charges-jan-6.html
No one in the CO case barring Trump from the ballot, or in the supreme court decision found that Trump did not participate in insurrection.
@2:29 IMO section 3 of the 14th amendment is really about the Civil War. One side fought to preserve slavery. 600,000 people died.
DeleteDespite today’s grandiose political posturing, we have not had another war at all like the Civil War — thank goodness!
The relevant question to ask is where are the elements of the purported crime of "insurrection" enumerated in that or any other law?
DeleteI think you'll find there's general agreement in the law community that 18 U.S.C. § 2383 is unenforceable as written. Note I am not saying in politics or media. In the law community.
Where are the elements of free speech enumerated in article 1?
DeleteAmendment 1.
DeleteDavid, it wasn't for lack of trying. Many think that if Trump had gone to the Capitol in person and Pence had not refused to violate his oath of office, there would have been a coup. As part of the plot, antifa was supposed to provoke a riot, Trump was supposed to declare martial law and mobilize the military, and use his powers to stay in office. It didn't work but that doesn't mean they didn't try.
DeleteDavid, the Congress already spoke on the matter by impeaching the abomination. The Supreme Court invented a new rule, something conservatives were always against, legislating from the bench.
DeleteThe Supreme Court Just Erased Part of the Constitution
https://www.nytimes.com/2024/03/04/opinion/supreme-court-trump-colorado-constitution.html
@4:07 An impeachment is an accusation. Trump was impeached several times, but never convicted
DeleteBut now Section 3 is different from other sections of the amendment. It requires federal legislation to enforce its terms, at least as applied to candidates for federal office. Through inaction alone, Congress can effectively erase part of the 14th Amendment.
DeleteIt’s extremely difficult to square this ruling with the text of Section 3. The language is clearly mandatory. The first words are “No person shall be” a member of Congress or a state or federal officer if that person has engaged in insurrection or rebellion or provided aid or comfort to the enemies of the Constitution. The section then says, “But Congress may by a vote of two-thirds of each house, remove such disability.”
In other words, the Constitution imposes the disability, and only a supermajority of Congress can remove it. But under the Supreme Court’s reasoning, the meaning is inverted: The Constitution merely allows Congress to impose the disability, and if Congress chooses not to enact legislation enforcing the section, then the disability does not exist. The Supreme Court has effectively replaced a very high bar for allowing insurrectionists into federal office — a supermajority vote by Congress — with the lowest bar imaginable: congressional inaction.
https://www.nytimes.com/2024/03/04/opinion/supreme-court-trump-colorado-constitution.html
David, two courts adjudicated that he was indeed guilty of insurrection. You will notice the SC did not challenge the factual findings of the Colorado courts.
DeleteThe Constitution said "Congress" and Congress spoke.
"....the precedent is as much a risk to the Dems as the Reps...". Hardly. The number of indictments handed out against Republican vs Democrat administration officials over the last 60 or so years, dating to before the Nixon administration, and for the sake of argument, excluding Trump, staggeringly favors the Democrats as law abiding politicians as compared with their counterparts. This also holds for cases found guilty at trial. So no, the parties are not equally at risk, based upon decades of history that is well documented. Republican administrations have a history of corruption far in excess of their counyerparts.
DeleteSomerby should perhaps read the Substack blog: https://decodingfoxnews.substack.com/#details
ReplyDeleteIt monitors what occurs on Fox News but today it also includes a list of the things NOT discussed on Fox.
We should also note the Court was arguably taking the view that Colorado was screwing the election for the whole country (how does Colorado taking a stand screw up the choice of other states?), I didn't hear much to support that Colorado had gotten the Constitution wrong.
ReplyDeleteClaudius didn’t remove his opponents from the ballot.
ReplyDeleteClaudius had no opponents. He was the last man standing in line to emperor.
DeleteI don’t remember if it’s in I, Claudius or Claudius the God, but there is a hilarious account from Herod of going on a journey (or fleeing someone) and his camel making several attempts to kill him along the way.
DeleteWas the camel a Claudian agent?
DeleteI’ve heard that camels don’t need a reason.
DeleteThey were not shocked. There is legitimate disagreement with the court’s decision that doesn’t involve sour grapes. Or does Somerby believe that Supreme Court decisions must never be questioned?
ReplyDeleteSomerby is a gigantic liar. No one was frothing mad.
Seems to me one of the better TDH comments threads I have seen, if you can disregard some of the usual ad hominem over-the-top.
ReplyDeleteAre TDH comments threads improving in general?