The Supreme Court has agreed to consider the vexing question of whether Donald Trump should be disqualified from the presidential ballot under the 14th Amendment prohibition against insurrectionists. Too bad we don’t have smarter jurists.
Our Finest Legal Minds Weigh a Vexing Constitutional Controversy
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I love the Coke can. All that’s missing is Joe Biden slapping a gag on Anita Hill in the background.
Trump getting kicked off the ballot? Signs point to no.
The biggest problem here is that, despite being enshrined in the US Constitution, this provision of the fourteenth amendment is a bad idea. If a majority of the people — well, a majority of the electoral college — wants this guy, then no state officials, supreme court justices, juries of twelve peers, etc. should have any chance at vetoing that. (After an election that’s different. Then congress has the power of impeachment and that makes sense to me, though of course it must be used responsibly.)
But it is law. It is constitutional law. So there is a someone somewhere who does have this veto power. We are depending upon the supreme court to tell us who has that veto power. I don’t envy the justices. How are they supposed to decide who does have veto power when the ethically responsible answer is that no one should?