Justices are expected to decide at least one case. Signs strongly point to resolution of the case from Colorado that threatens to kick him off some state ballots.
It says only Congress can reinstate him. It says nothing about Congress removing anyone from candidacy, because the “shall” language is self-executing.
The Constitution empowers Congress to prescribe how
those determinations should be made. The relevant provi-
sion is Section 5, which enables Congress, subject of course
to judicial review, to pass “appropriate legislation” to “en-
force” the Fourteenth Amendment. See City of Boerne v.
Flores, 521 U. S. 507, 536 (1997). Or as Senator Howard
put it at the time the Amendment was framed, Section 5
“casts upon Congress the responsibility of seeing to it, for
the future, that all the sections of the amendment are car-
ried out in good faith.” Cong. Globe, 39th Cong., 1st Sess.,
at 2768
So they say Congress needs to pass legislation to enforce this, and that is the only way to take Trump off the ballot.
The concurring opinion from Sotomayor/Kagen/Jackson does not like this at all:
Although only an individual State’s
action is at issue here, the majority opines on which federal
actors can enforce Section 3, and how they must do so. The
majority announces that a disqualification for insurrection
can occur only when Congress enacts a particular kind of
legislation pursuant to Section 5 of the Fourteenth Amend-
ment. In doing so, the majority shuts the door on other po-
tential means of federal enforcement. We cannot join an
opinion that decides momentous and difficult issues unnec-
essarily, and we therefore concur only in the judgment.
Yep. I read section 5 for myself. It’s a twisted way to read it that Congress is supposed to be the executor of the “shall” language in section 3, specifically through legislation. It just says Congress shall have the power to legislate the 14th Amendment. It does not say Congress shall legislate 14th amendment issues.
But that’s kind of been their MO the whole time. “I don’t wanna rule, so I’ma hide behind Congress and say it’s their job.”
It seems pretty straightforward to argue congress needs to create a mechanism to label someone as having engaged in insurrection. All judges agreed a single state making that determination using their own rules isn’t sufficient.
I stand by what I said. They’re hiding behind Congress instead of making a decision. They didn’t seem to have a problem dusting off precedent from 150 years ago to make sweeping changes to how the country operates, before.
But now, when it comes to actually defending the self-executing portions of the Constitution, it’s suddenly too hard, and it’s Congress’s job. Bunch of fucking cowards.
It says only Congress can reinstate him. It says nothing about Congress removing anyone from candidacy, because the “shall” language is self-executing.
This is from the main opinion:
So they say Congress needs to pass legislation to enforce this, and that is the only way to take Trump off the ballot.
The concurring opinion from Sotomayor/Kagen/Jackson does not like this at all:
Yep. I read section 5 for myself. It’s a twisted way to read it that Congress is supposed to be the executor of the “shall” language in section 3, specifically through legislation. It just says Congress shall have the power to legislate the 14th Amendment. It does not say Congress shall legislate 14th amendment issues.
But that’s kind of been their MO the whole time. “I don’t wanna rule, so I’ma hide behind Congress and say it’s their job.”
It seems pretty straightforward to argue congress needs to create a mechanism to label someone as having engaged in insurrection. All judges agreed a single state making that determination using their own rules isn’t sufficient.
I stand by what I said. They’re hiding behind Congress instead of making a decision. They didn’t seem to have a problem dusting off precedent from 150 years ago to make sweeping changes to how the country operates, before.
But now, when it comes to actually defending the self-executing portions of the Constitution, it’s suddenly too hard, and it’s Congress’s job. Bunch of fucking cowards.
Weird how “shall” means something totally different in the 2nd amendment than anywhere else in the document…those wacky founders!