The Supreme Court's Very Selective Originalism and Federalism

[markpkessinger]

They're "originalists" or "textualists," until they're faced with a ruling from a state supreme court, written specifically from a textualist standpoint, that commands a political result they don't like.

They're "federalists," all in favor of state's rights, until they're faced with a state that makes a presidential eligibility determination that is contrary to their desired political result.

As an institution, the current SC deserves nothing but contempt!

[BComplex]

1. Very well said

You nailed that!

[Fiendish Thingy]

2. I agree with the contempt part, however...

…and we haven’t seen their ruling on todays case yet, but if they reject it not being the state’s jurisdiction (and if they do, I expect it to be unanimous), I would have to agree.

Allowing an individual state, rather than a federal court, to determine disqualification for a federal office under the 14th amendment, for that state only, would be a recipe for chaos.

It would create an environment where each state would have the unreviewable power to interpret and enforce the constitution.

So, SCOTUS would either have to expand the CO ruling to disqualify Trump nationwide, or they have to overturn the ruling.

[BootinUp]

3. We already have chaos, on that basis

I have to disagree with you. If we actually want to reduce the chaos then law and order needs to be enforced.

[Alpeduez21]

6. This very SC has ruled that states are in charge of their elections

Be they federal or state. That’s why the voting rights act was gutted by them

[Fiendish Thingy]

9. You are confusing article I powers with the enforcement of the 14th amendment nt

[vishnura]

4. Lawyer double talk on the SC

"originalists" or "textualists" They re full of it!

[erronis]

7. Those terms only mean what they interpret them to mean.

Sort of like a parent saying "Because I said so."

Normally courts are a good place to actually help define what some ancient writing actually means. When the SCOTUS says that only they can dictate the outcome, then courts are useless.

[nakocal]

5. Laws also only apply to Democratic President

[yankee87]

8. Imagine a Democratic candidate

If it was in the opposite direction, with a Democrat being knocked off the ballot, SCOTUS would rule to keep the candidate off the ballot.