During a two-hour oral argument, justices avoided wrestling with the contentious question of whether former President Donald Trump “engaged in insurrection.”
I really wish they could be made to answer questions rather than just ask them. I want to hear who they think does have authority to enforce the 14th amendment. It seems like they think they can effectively repeal a Constitutional amendment by simply not acknowledging that anyone has a right to enforce it.
Trumps lawyer and some of the judges were obviously of the opinion that Congress has to create some sort of system for dealing with this. But that’s nonsense because no other bar to office requires positive action from Congress. And the next argument they’re going to make is that if Congress proposed a system it would require a 2/3rds majority to pass and implement because that’s the threshold for removing the bar from a candidate. They know full well that’s impossible but they’ll pretend that’s the actual law until the day they die because words mean nothing to fascists, only results.
I really wish they could be made to answer questions rather than just ask them. I want to hear who they think does have authority to enforce the 14th amendment. It seems like they think they can effectively repeal a Constitutional amendment by simply not acknowledging that anyone has a right to enforce it.
Trumps lawyer and some of the judges were obviously of the opinion that Congress has to create some sort of system for dealing with this. But that’s nonsense because no other bar to office requires positive action from Congress. And the next argument they’re going to make is that if Congress proposed a system it would require a 2/3rds majority to pass and implement because that’s the threshold for removing the bar from a candidate. They know full well that’s impossible but they’ll pretend that’s the actual law until the day they die because words mean nothing to fascists, only results.
You have full throated agreement from me.