I disagree with the Supreme Court's decision.

in supreme •  6 months ago 

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Justice Sotomayor's concurrence in Trump v. Anderson further persuades me that this Court decision, however pragmatically desirable it may be, is a constitutional clusterf**k.

  1. "Allowing Colorado to do so would, we agree, create a chaotic state-by-state patchwork, at odds with our Nation’s federalism principles"
    Uh, what? What is federalism except a state-by-state patchwork? We have, it appears, a Supreme Court Justice (or three) who don't even know what the f**k federalism is.

  2. "That [the patchwork argument] is enough to resolve this case."
    This is some serious nonsense. The patchwork of a candidate being on some state ballots but not others is the norm for third party candidates, so at the least they must make a well-developed argument for why there is a constitutionally different standard for one of the major parties - which are constitutionally unrecognized, much less distinguished from minor parties.

  3. "To allow Colorado to take a presidential candidate off the ballot under Section 3 would imperil the Framers’ vision of “a Federal Government directly responsible to the people.”
    More nonsense. Applied generally, this would mean state courts can't enforce any constitutional barriers to a candidate. It's a weak argument.

  4. "nothing in Section 3’s text supports the majority’s view of how federal disqualification efforts must operate. Section 3 states simply that '[n]o person shall' hold certain positions and offices if they are oathbreaking insurrectionists. Amdt. 14. Nothing in that unequivocal bar suggests that implementing legislation enacted under Section 5 is 'critical' ... In fact, the text cuts the opposite way. Section 3 provides that when an oathbreaking insurrectionist is disqualified, 'Congress may by a vote of two-thirds of each House, remove such disability.' It is hard to understand why the Constitution would require a congressional supermajority to remove a disqualification if a simple majority could nullify Section 3’s operation by repealing or declining to pass implementing legislation."
    Spot on.

  5. "nothing else in the rest of the Fourteenth Amendment supports the majority’s view. Section 5 gives Congress the “power to enforce [the Amendment] by appropriate legislation.” Remedial legislation of any kind, however, is not required. All the Reconstruction Amendments (including the due process and equal protection guarantees and prohibition of slavery) “are self-executing,” meaning that they do not depend on legislation."
    Spot on, but also why this concurrence should be a dissent.

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