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Culture War Roundup for the week of January 22, 2024

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Unless you are willing to grapple with the likely meaning of "rebellion" in this quote (given the specific historical context), you're still not engaging with the meat of what "insurrection" means - this quote simply says that speech or writing could qualify, but only where they were connecting to "inciting others to engage in rebellion." Given that the antecedent was the actual Civil War, you're skipping the hard part, which is analogizing actual, immediate, and realizable secession from the Union to the facts of January 6th. I'm not saying that's impossible, but just saying that speech or writing could qualify under certain circumstances doesn't really help, because the circumstances are the biggest part of the dispute.

Trump's Supreme Court brief does not dispute that Jan 6 was an insurrection, he merely argues that his conduct did not constitute "engaging in" that insurrection.

That's with good reason - an attempt to prevent the rightfully elected President from taking office through the use of force is an absolutely central example of insurrection, and it's sensible for Trump's lawyers to focus on more plausible arguments. Imagine if a mob of angry Virginians had stormed the Capitol in an attempt to prevent the certification of Lincoln's election - would anyone be claiming that the South's rebellion didn't begin until Fort Sumter?

It doesn't dispute that because it isn't actually a meaningful issue to address and it isn't necessary to defend their side of the case (and it deals with lots of facts not relevant), not because there's no case to be made - if you read the brief carefully, the whole point is that whether or not what others did that day could qualify, the argument is that nothing Trump did would. At most, his brief simply characterizes what the Colorado Supreme Court held, and does not admit its correctness or otherwise opine.

Your second paragraph just assumes the conclusion to be proved - while that's one interpretation of the results, it's not the only reasonable one, nor indisputably correct. And your Virginians hypothetical, while useful to think about, hides more than it illuminates because it only seems particularly bad if you also allow all the subsequent Civil War context in, and assume that their motive is exactly as described. If, for example, their motive was plausibly "wanted to confirm that all electors had an opportunity to cast their votes uninfluenced by outside pressures" and the result after what they did wasn't the Civil War but a peaceful transition to the next administration, I don't think we end up with the 14th Amendment in its current form.

It doesn't dispute that because it isn't actually a meaningful issue to address and it isn't necessary to defend their side of the case

It's absolutely a meaningful issue to address - if there was no insurrection, Trump cannot have engaged in one, and the case fails. It's also not a redundant question - it's possible to incite a riot that is not an insurrection, and it is possible for an insurrection to occur without you engaging in it. If there was a strong case to be made that Jan 6 was not an insurrection, it would manifestly be in Trump's interest to make it.

And your Virginians hypothetical, while useful to think about, hides more than it illuminates because it only seems particularly bad if you also allow all the subsequent Civil War context in

I disagree entirely. An attempted coup is very bad even if it doesn't lead to civil war. Hitler's Beer Hall Putsch did not lead to civil war, but it would be silly to claim that it wasn't "particularly bad".