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Hortensis

(58,785 posts)

52. But would they ALWAYS? From the Luttig-Tribe analysis:

Fri Sep 1, 2023, 02:40 PM

Sep 2023

When a secretary of state or other state official charged with the responsibility of approving the placement of a candidate’s name on an official ballot either disqualifies Trump from appearing on a ballot or declares him eligible, that determination will assuredly be challenged in court by someone with the standing to do so, whether another candidate or an eligible voter in the relevant jurisdiction.

The challenge they say voters have standing to bring will be to their state's decision to disqualify or declare a person eligible to run, or to refuse to address. Florida has not reached that stage yet.

Whatever thread these people are testing, which apparently includes the legal right of citizens to directly decide a candidate's lack of eligibility, no doubt we'll be seeing a lot more of these.

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Florida lawyer files legal challenge to disqualify Trump from 2024 presidential race [View all] riversedge Aug 2023 OP

I doubt if it will hold up in court, especially at the SCOTUS, since he's not been sinkingfeeling Aug 2023 #1

Constitutional scholars EndlessWire Aug 2023 #17

Yup! Some say the 14th applies AUTOMATICALLY and the designated Hortensis Aug 2023 #21

In the end, they'll be wrong Polybius Aug 2023 #30

Well, reasonable minds can disagree. EndlessWire Aug 2023 #34

Technically, it's still up for a debate whether or not one happened Polybius Aug 2023 #37

I think he (tfg)said nvme Aug 2023 #50

I'd hate to be Lawrence Caplan's pettifogging ass, when 3Hotdogs Aug 2023 #2

Pre-emptive strike. It would have been better to wait for SOS disqualifications bucolic_frolic Aug 2023 #3

So you think it can automatically execute as Luttig and Tribe said, I think lol. Cheezoholic Aug 2023 #7

:) Luttig and Tribe assume fierce legal battles would ensue! Hortensis Aug 2023 #22

Should apply to those already convicted too. LiberalFighter Aug 2023 #4

We really gotta be careful how this transpires IMO Cheezoholic Aug 2023 #5

Have any Democratic candidates engaged in sedition or insurgency? FakeNoose Aug 2023 #13

"Have any Democratic candidates engaged in sedition or insurgency?" Novara Aug 2023 #42

I'm glad to see that someone EndlessWire Aug 2023 #18

Fitting it should come out of Florida. MOMFUDSKI Aug 2023 #6

Not just Florida! ShazzieB Aug 2023 #19

Hoping he's got enough financial backing to make it to the FL Supreme Court. He'll win. ancianita Aug 2023 #33

I think Alito and Thomas would side with inmate P01135809 Novara Aug 2023 #43

Yea, right. I can see this going to the Florida Supremist Court... Chainfire Aug 2023 #8

:) If this doesn't make it that far, others will. The battle of the 14th is ON, Hortensis Aug 2023 #23

Michigan as well Novara Aug 2023 #44

!!!! Hortensis Aug 2023 #47

It only needs to succeed in a handful of red or battleground states, Wednesdays Aug 2023 #9

File this in Georgia ArkansasDemocrat1 Aug 2023 #25

My first question which I suspect will be an issue Jarqui Aug 2023 #10

How does he have standing ? Haggis 4 Breakfast Aug 2023 #11

It is not an entirely straightforward area of the law for me Jarqui Aug 2023 #14

Fwiw, Luttig and Tribe believe "eligible voters" in each state have standing. Hortensis Aug 2023 #24

As eligible voters should Jarqui Aug 2023 #26

Absolutely! Voters should. I was really glad to have that notion confirmed. Hortensis Aug 2023 #28

Being a voter didn't give the birthers standing to challenge Obama's eligibility. onenote Aug 2023 #38

Standing as a voter isn't applicable. brooklynite Aug 2023 #29

Well, that's a direct quote from Luttig's and Tribe's analysis for lay people. Hortensis Aug 2023 #41

Here's another one going down for lack of standing ... Jarqui Sep 2023 #51

But would they ALWAYS? From the Luttig-Tribe analysis: Hortensis Sep 2023 #52

Standing is like a broken record in so many of these cases Jarqui Sep 2023 #53

As you say. Near as I can tell, the law tends to be Hortensis Sep 2023 #54

That would be lovely ... Jarqui Sep 2023 #55

Yes, another candidate would have standing Novara Aug 2023 #45

Chris Christie Jarqui Aug 2023 #46

This issue is going to get before the SCOTUS LetMyPeopleVote Aug 2023 #12

2028 presidential candidate Polybius Aug 2023 #31

I like it republianmushroom Aug 2023 #15

Maybe the DoJ is going to have to get off the pot and enforce that 14th amendment. republianmushroom Aug 2023 #16

This issue will also be raised in Calfornia LetMyPeopleVote Aug 2023 #20

No, Fox News didn't report Newsom wants to remove Trump's name from future ballots (Fact check) MichMan Aug 2023 #40

Even if it is denied, I like that this suit was filed. Martin68 Aug 2023 #27

New Mexico already booted a county commissioner... TrumanTheTiger Aug 2023 #32

he did appeal it, but was too late. onenote Aug 2023 #39

Wouldn't it be better to let Trump Mr.Bill Aug 2023 #35

What makes me chuckle is that this attorney is from Boynton Beach, tavernier Aug 2023 #36

Wait a minute, now. Who is this lawyer? Is he or she a Republican operative trying to get Trump LaMouffette Aug 2023 #48

OR it could also be he's a repug trying to clear the Con out of the way for deSatan onetexan Aug 2023 #49

If the flimsy 2nd Amendment can have tonekat Sep 2023 #56