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In reply to the discussion: Supreme Court rules Trump cannot be kicked off Colorado ballot [View all]Novara
(6,115 posts)Say he wins steals the election. Say Congress flips solidly blue - both houses. Joe Biden is still president until January 20. The new Congress gets sworn in right at the beginning of January. Congress could theoretically convene, pass legislation that since a state court held that he participated in an insurrection, any person DEEMED to have committed insurrection by ANY court is ineligible to serve, as per Section 3 of the 14th Amendment. Therefore, Biden is still president.
SCCOTUS* wants to leave it up to Congress? They could theoretically do this.
They didn't say Jan 6 wasn't an insurrection and they didn't say he WASN'T an insurrectionist. The lower court's findings that he did participate in an insurrection is still in force.
*SCCOTUS = Supremely Corrupt Court of the US