Saturday, January 6, 2024

Supreme Court To Decide Trump's Eligibility

 

The Republican-dominated Supreme Court decided yesterday to take up the issue of whether the Malignant Loser can be disqualified from primary election ballots, following Colorado's Supreme Court decision to bar him from their ballot as a result of his leading the insurrection leading up to an on January 6 at the Capitol. A number  of states are weighing the prohibition contained in the 14th Amendment that excludes officials who have taken an oath to the Constitution, and who subsequently participated in an insurrection against the U.S., from ever holding Federal office. From the Washington Post coverage:

"Friday’s announcement puts the justices in a pivotal, and potentially uncomfortable, position with echoes of the court’s involvement in the 2000 election — when its decision assured victory for George W. Bush, polarized the nation and damaged the court’s reputation as an independent institution.

The court’s brief order scheduled oral arguments for Feb. 8 and came a day before the third anniversary of the Capitol riot. 

Legal scholars and state election officials have urged the court to quickly settle the question of Trump’s eligibility as a candidate and to ensure all states follow the same policy ahead of this year’s primary voting. Trump holds a wide lead over other Republican contenders, with the Iowa caucuses less than two weeks away and state primaries starting Jan. 23."  (our emphasis)

Interestingly, some originalist legal scholars may file amicus curiae briefs supporting the Malignant Loser's removal from ballots nationally. Conservative Federalist Society scholars and professors of law William Baude and Michael Stokes Paulsen have laid out the case against the Malignant Loser under the 14th Amendment, and former conservative Appeals Court Judge Michael Luttig has argued that the Amendment applies to the Malignant Loser's insurrection attempt.

There's ample reason to assume that some of the justices will fall in lock-step with the Trump appeal (Samuel Alito and Clarence Thomas). Thomas' unhinged wife Ginni was an active participant after the Malignant Loser lost the election to overturn the results by any means necessary, and there are calls for him to recuse himself that will fall on deaf ears. In an Iowa campaign event yesterday, the Malignant Loser called for the three justices he appointed to be "fair" (i.e., return the favor) and reject the Colorado decision, much like his failing attorney and Melania wannabe Alina Habba did earlier in the week.