this post was submitted on 14 Nov 2023
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[–] grue@lemmy.world 15 points 10 months ago (2 children)

I can't read the article because paywall, but I assume this ruling is based on the fact that political parties are "technically" private entities and therefore primaries are "technically" legally-meaningless private contests that said parties can run however they want.

Which is all bullshit, of course -- if political parties were truly private then they wouldn't get any support from the state whatsoever to run their fake elections, for starters -- but just goes to show how their corruption and power lets them (as de-facto government entities) get away without accountability or oversight.

[–] agent_flounder@lemmy.world 11 points 10 months ago* (last edited 10 months ago) (1 children)

Judge James Robert Redford of the Court of Claims in Michigan said that the disqualification of a candidate through the 14th Amendment “is a nonjusticiable, political” issue and that it was up to Congress, and not the courts, to settle the matter.

Basically he said insurrection can't be defined by the court system..

Sounds a lot like passing the buck. Or taking a page out of the SCOTUS playbook.

[–] MagicShel@programming.dev 2 points 10 months ago* (last edited 10 months ago)

If the court can't define it, that just means they can't argue with whatever definition the state government uses.

[–] RupeThereItIs@lemmy.world 1 points 10 months ago (1 children)

Nope. Michigan primaries are run by the state like any other election.

We have open primaries, anyone who's registered to vote can vote in our primaries.

My guess is Trump's not been convicted of acts that would disqualify him.

This was always a flimsy case, without a conviction that we should already have.

[–] MagicShel@programming.dev 2 points 10 months ago (1 children)

Wasn't the law originally applied to folks who weren't convicted? That would make requiring a conviction wrong.

[–] RupeThereItIs@lemmy.world 0 points 10 months ago

It was after the civil war, a general amnesty had been declared nobody was being tried.

Furthermore they where obviously guilty, with a serious paper trail of a rebal government to back up their guilt.

Trump is garbage who defied his oath and committed treason... But he still deserves a trial first. And that trial should have already completed.