• UnderpantsWeevil@lemmy.world
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    9 months ago

    I am less concerned with the SCOTUS ruling that a national party nominee is disqualified from a ballot in a state he’ll almost certainly lose than I am with a ruling that some court in Florida or Arizona or Georgia can pull the same shit on Biden.

    Very easy to see this become one more trick one-party states can pull to remove popular opponents from the ballot in close election years. And I would be very concerned if an Alito court authored an opinion in which this kind of thing was normalized.

    • june@lemmy.world
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      9 months ago

      And so we decide to let tyrants through so that their party doesn’t have made up and twisted precedent to try to disqualify qualified candidates? It’s not like the GOP need or care about precedent anyway. If they want to try and do it they’ll try and do it. Booting someone like trump who has done what trump has done is a legitimate implementation of the law and the right thing to do.

      • UnderpantsWeevil@lemmy.world
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        9 months ago

        And so we decide to let tyrants through

        We don’t decide. A few Ivy League JDs in robes get to decide. The decision on whether to list a particular candidate on the ballot is, inherently, undemocratic.

        If they want to try and do it they’ll try and do it.

        State governments don’t need any more tools in the chest to decide who can and cannot appear on a ballot.

        Booting someone like trump who has done what trump has done is a legitimate implementation of the law and the right thing to do.

        I agree. But he’s not the only one who will get booted off under this rule. We both know it.

        • june@lemmy.world
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          9 months ago

          ‘This rule’ being the 14th amendment? The one in the constitution? We should just ignore it so that the bad guys don’t try to use it illegitimately when we know they will anyway?

          • UnderpantsWeevil@lemmy.world
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            9 months ago

            ‘This rule’ being the 14th amendment?

            “This rule” being the judicial decision that invokes the 14th amendment.

            We should just ignore it

            You’re free to do as you please, but it won’t matter unless you’re one of the Big Nine.

            What are you doing to do if the SCOTUS rules in Trump’s favor, other than pounding sand?

    • Alien Nathan Edward@lemm.ee
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      9 months ago

      I’m not afraid of bad faith attempts to ruin democracy as backlash from this decision because bad faith attempts to ruin democracy are coming regardless of the outcome of this particular case

      • UnderpantsWeevil@lemmy.world
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        9 months ago

        I have no doubt. But I’m not in a rush to open a new can of worms, when there’s no discernible benefit.

        Let me know if a court in Michigan or Ohio or Pennsylvania yanks Trump off the ballot. Then we can talk.

          • UnderpantsWeevil@lemmy.world
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            9 months ago

            The constitution itself contains no designation, description, or necessary admission of the existence of such a thing as slavery, servitude, or the right of property in man. We are obliged to go out of the instrument and grope among the records of oppression, lawlessness and crime – records unmentioned, and of course unsanctioned by the constitution – to find the thing, to which it is said that the words of the constitution apply. And when we have found this thing, which the constitution dare not name, we find that the constitution has sanctioned it (if at all) only by enigmatical words, by unnecessary implication and inference, by innuendo and double entendre, and under a name that entirely fails of describing the thing.

            From “No Treason, The Constitution of No Authority” by Lyndard Spooner, discussing the fundamental failures of the document when confronting the horror of the antebellum South.