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The Constitution Prohibits Trump From Ever Being President Again
(www.theatlantic.com)
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this post was submitted on 20 Aug 2023
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I don't want him to be president again and I don't think he will be, but this just isn't the case, and you're not going to get a favorable SCOTUS decision on it. It's an interesting idea to write a law school paper about, not a real legal theory.
Yep, unfortunately the only thing that matters is the current SCOTUS interpretation of the Constitution.
At the end of the day, most Supreme Courts would be extremely reluctant to disqualify someone and would prefer to leave it to the voters. I think even an extremely liberal court would rule the same unless they were just being nakedly political the way the conservative Justices seem to.
Trump needs to be defeated soundly at the voting booth. There won't be any easy resolutions where he and his fanatics just quietly disappear.
Why have a law about it if you never intend to use said law?
This is just an acknowledgement that voting is maybe our most sacred right and even a very liberal court is going to be extremely reluctant to rule that the majority of the country can't vote for who they want. My (layman's) understanding is that there is enough room to argue that any court would just leave it to the voters.
Frankly, I don't care because the whole republican party is an existential threat to the nation so it's not like I'll breathe a sigh of relief if it's DeSantis instead.