The Soapbox

Seattle .Hoo

Joined: 08/13/1998 Posts: 57301
Likes: 76644


Yes, well Gorsuch is definitely intellectually dishonest enough to do that.


However, here's what I think the likely scenario is; in an election year SCOTUS isn't going to want to touch this thing with a 10-foot pole (or a 5-foot Swede!). However, they will likely need to agree to hear it. They will need to define what the 14th Amendment means in this context. They may say that the President isn't included, which is dubious. They may say that the President did not participate in an insurrection, which I think they will be loathe to do while Jack Smith's case is still open lest they prejudice that. They won't want that perception in the public eye.

Instead, they will stay the Colorado Supreme Court's decision until they have a chance to hear it. That will give time for a) Trump to appear on the ballot in Colorado, and b) for Smith's case to proceed. They will not hear it nor issue a ruling until after the general election in 2024.

If Trump loses the election, they may well rule against him, that Trump should have been subject to the restrictions of the 14th Amendment. If Trump wins the election, they will declare the case to be moot and won't issue an opinion.

That way, the Court will avoid entirely what is likely to be a sticky wicket.

(In response to this post by JMHoo)

Posted: 12/20/2023 at 12:22AM



+6

Insert a Link

Enter the title of the link here:


Enter the full web address of the link here -- include the "http://" part:


Current Thread:
  14th Amendment, Section 3 -- DanTheFan 12/19/2023 11:57PM
  Trump has literally broken the democrat party -- TomKazanski 12/19/2023 11:37PM
  I would remind you what happened to William Wallace. ** -- Seattle .Hoo 12/20/2023 12:30AM
  Nonsense. He’s a criminal. ** -- 111Balz 12/20/2023 07:42AM
  7-2 Trump ** -- JMHoo 12/19/2023 11:27PM
  So Thomas won't recuse himself? ** -- DanTheFan 12/20/2023 12:05AM
  Why 7-2? ** -- Seattle .Hoo 12/19/2023 11:28PM
  Sotomayor and Jackson are hopeless. -- JMHoo 12/19/2023 11:29PM
  I’m sure Justice Gorsuch will point out that -- JMHoo 12/19/2023 11:57PM
  Exactly. ** -- Los Angeles Hoo 12/20/2023 02:00AM
  Good analysis. ** -- Los Angeles Hoo 12/20/2023 02:09AM
  Boo hoo ** -- DownTownHoo 12/19/2023 11:14PM
  They really stepped in it here, TDS is a powerful -- TomKazanski 12/19/2023 11:13PM
  Who is "they?" ** -- Seattle .Hoo 12/19/2023 11:18PM
  Senator Mike Lee: -- JMHoo 12/19/2023 11:13PM
  Wonder how long it will take to count those write ins** -- HokieDan95 12/19/2023 11:05PM
  Even Chris Christie calls bullshit. -- JMHoo 12/19/2023 11:08PM

Notice: Trying to get property 'queue' of non-object in /data/www/sportswar.com/wp-includes/script-loader.php on line 2781

Warning: Invalid argument supplied for foreach() in /data/www/sportswar.com/wp-includes/script-loader.php on line 2781
vm307