The Soapbox

Fuzzy Dunlop

Joined: 06/21/2015 Posts: 5136
Likes: 6216


SCOTUS will almost certainly overturn


But that will require several conservative justices to take positions you wouldn't typically expect a conservative to take related to statutory construction (although in this case it's the constitution), plain language, and original intent. There's also the theory advanced in the Madison Cawthorn cases that Congress's blanket immunity legislation in the 1880s was prospective, therefore making Section 3 ineffective. The Fourth Circuit ultimately rejected that, and it doesn't appear it was an issue in the CO case, but I could see SCOTUS grasping on to that if they want to rule in Trump's favor and find the other avenues to that goal too unpalatable.
[Post edited by Fuzzy Dunlop at 12/20/2023 11:43AM]

(In response to this post by HoodatB)

Posted: 12/20/2023 at 10:50AM



+2

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Current Thread:
 
  
14th Amendment section 3 seems very clear ** -- HoodatB 12/20/2023 08:55AM
  SCOTUS will almost certainly overturn -- Fuzzy Dunlop 12/20/2023 10:50AM
  How many people have been convicted of insurrection? ** -- Los Angeles Hoo 12/20/2023 10:11AM
  Does it? What constitutes an “insurrection?” ** -- southdenverhoo 12/20/2023 09:05AM
  Stealing podiums ** -- HokieDan95 12/20/2023 09:33AM
  ^^^ Lacking brains ** -- SixerHoo 12/20/2023 10:10AM
  And what constitutes “engaged in?” -- southdenverhoo 12/20/2023 09:40AM
  We all saw the break-ins. We saw what happened.** -- 111Balz 12/20/2023 11:37AM
  LOL! The nonviolent mob that injured 140 cops? ** -- SixerHoo 12/20/2023 10:22AM
  No biggie ** -- Hoo TV 12/20/2023 10:28AM
  ^^^ Earth2 ** -- WaxHoo 12/20/2023 09:55AM
  LOL ** -- HokieDan95 12/20/2023 09:36AM
  No -- WaxHoo 12/20/2023 09:53AM
  There is an edit button. ** -- HoodatB 12/20/2023 11:34AM
  ^^^ ignoramus ** -- WaxHoo 12/20/2023 09:35AM

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