Donald Trump

Still non the wiser as don't fully understand US politics. Are Congress likely to name him as an insurrectionist?
Unlikely but the judges were very keen on questioning the legitimacy of one state barring him from running and the subsequent impact that could have in other states.

They were incredulous at some points, almost “how dare Colorado think it can decide an election?” in their tone.

It was unlike any judicial cross-examination I’ve ever read, seen or heard. Completely partisan and at points highly dismissive of the case before them.

Excellent summary here:
 
The American Democrats and liberals may still get their way if they can beat Trump in November. The problem is that they've been far too slow to take any action against him personally as regards the insurrection, and now he can delay matters - one way or another - until the election is over, and either win (and pardon himself), or disappear thereafter. At nearly 80 he'll be dead soon afterwards anyway, the old, fat ****.

Still plenty of water to flow under the bridge in the other civil and criminal lawsuits against him, which will hopefully ruin him and his organisation.
 
How is this view standing up after today?
Different case, nothing to do with E v J v L, and there shouldn't be any surprise here. Circumstantially I personally agree he shouldn't be removed from the ballot unless actually convicted in a court of law of treason/insurrection, but how that meets the law/Constitution is another question. The Court's sticky wicket is that states' rights is a hallmark of conservative principles or has been, and to be inconsiderate of outcomes in some cases but greatly afraid of them (like here) in others (to the point made by @Blue_Lightsaber) smacks of cognitive dissonance at best and an underhanded effort the more suspicious here are pointing to at worst.
 
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It’s not so much the way the decision falls that’s important here, more how it falls.

I mentioned in my previous post on this case that I thought that if the SCOTUS were to overturn the Colorado decision then it would probably be on the basis of due process (or lack thereof). I thought they might set the bar at “criminal conviction relating to treason or insurrection”. I didn’t think they would set the bar based on a vote of Congress. That seems crazy to me. It feels like it’s letting the political legislative branch decide on an inherently judicial matter (though I’m no expert).

The argument about one state deciding who can be on a national election ballot feels very weak to me. States can already do this. Hypothetically, let’s say somebody who is running for President is convicted of a crime and given the death penalty under a specific states’ law. They can’t be on the ballot after they’ve been executed can they? So the state is deciding that.

You either want states to decide their own election process, and accept that candidates need to follow the rules in each state to be on that states ballot, or you just discard the pretence that these elections are state run and have them administered federally. This defensiveness paired with the idea it is a state’s right to administer its own election as it sees fit - regardless of how that impacts other states - seems like a huge contradiction. But I guess that’s exactly what the US is in a nutshell.
 
The only thing I’ll say, which provides a very small crumb of comfort is the axiom “beware of the nodding juror”. Sometimes a tribunal will find a certain way of appearing hostile to the argument, in order to give the impression of balance and consideration.

Given this particular tribunal, I accept it’s unlikely, but still absolutely feasible.

FWIW.
 

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