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PaperclipPerfector  11mo ago (text post)   29677 thread views

Culture War Roundup for the week of December 18, 2023

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You did leave out the best part of the second dissent:

Thus, based on its interpretation of Section Three, our court sanctions these makeshift proceedings employed by the district court below...to adjudicate a federal constitutional claim (a complicated one at that) masquerading as a run-of-the-mill state Election Code claim. And because most other states don’t have the Election Code provisions we do, they won’t be able to enforce Section Three.

If enforcement of the 14th hinged on the cooperation of state judges, we'd still be in Reconstruction.

I find myself unconvinced by the majority opinion that Section 1-1-113 satisfies due process. Insurrection feels serious enough to merit criminal guilt, not just a civil judgment. On the flip side, I suppose that would be intractable. If Trump had personally murdered Pelosi on C-SPAN, what are the odds the trial would still be deadlocked?

It's funny, but I'm... not as optimistic about that portion of that dissent.

Hypothetical- this ruling is not contested. Instead GOP gives support to RFK jr.

In a state Biden would almost certainly win against Trump, he could conceivably lose to RFK jr thus depriving Biden of Colorado's electoral votes.

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