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Drudge Retort: The Other Side of the News
Monday, March 04, 2024

Mark Joseph Stern: "They went much further than the case required, announcing an entirely new rule that Congress alone, through "a particular kind of legislation," may enforce the constitutional bar on insurrectionists holding office."

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It's exactly the kind of ruling I expected from this court.

5 brand new RVs and summer vacations on multimillion dollar yachts coming up!

#1 | Posted by donnerboy at 2024-03-04 01:45 PM | Reply | Newsworthy 1

Conservative Judicial Activism at its finest.

#2 | Posted by Sycophant at 2024-03-04 02:04 PM | Reply | Newsworthy 1

Dems had one chance to save america by prosecuting all the fascists and fixing the court after biden was elected. As usual, moderates were blind to the size of the problem and kept the proper fixes from happening, and now we're ------ forever.

#3 | Posted by SpeakSoftly at 2024-03-04 03:13 PM | Reply | Funny: 1 | Newsworthy 2

"According to the three liberal justices on the court " Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor - Monday's ruling should go down as a dark day for American democracy. In their concurring opinion they argue that, with the sole exception of Barrett, the conservatives have in effect defanged the 14th amendment.

Not content to overturn the Colorado decision, the five conservative justices go on to deliver their own unexpected - and in the liberal justices' view, wholly gratuitous - reinterpretation of the amendment.

They state that for it to be enforced, Congress must first pass "implementing" legislation.

Nothing in the amendment's text says anything about Congress needing to pass such legislation.

In fact, as the liberal justices emphasize, the 14th amendment is one of the so-called "reconstruction amendments" framed in the immediate aftermath of the civil war, and as such is "self-executing" " meaning that it can be applied without any need for congressional approval.

It requires little contemplation to know what the conservatives' imposed formula of prior congressional action means in practice. It means no action."

www.theguardian.com

#4 | Posted by Corky at 2024-03-04 04:24 PM | Reply | Newsworthy 3

Does this ruling allow the January 6 insurrectionists to run for Federal office?

#5 | Posted by LampLighter at 2024-03-04 04:29 PM | Reply

"According to the three liberal justices on the court " Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor - Monday's ruling should go down as a dark day for American democracy. In their concurring opinion they argue that, with the sole exception of Barrett, the conservatives have in effect defanged the 14th amendment.

Just a reminder that if Hillary had won in 2016, none of this would be happening. Instead we have folks who want to double-down on Trump presidency by re-electing him. What could possibly go wrong? So much more.

#6 | Posted by Gal_Tuesday at 2024-03-04 04:37 PM | Reply | Newsworthy 2

Does this ruling allow the January 6 insurrectionists to run for Federal office?
#5 | POSTED BY LAMPLIGHTER

It seems so, emphasis mine:

Taniel
@Taniel

Kagan, Sotomayor, & Jackson concur in the judgment while taking issue with scope of what colleagues did.

"Allowing Colorado to do so would, we agree, create a chaotic state-by-state patchwork."

BUT: "the majority shuts the door on other potential means of federal enforcement."

Further quote from Sotomayor: "By resolving these and other questions, the majority attempts to insulate all alleged insurrectionists from future challenges to their holding federal office."

#7 | Posted by Gal_Tuesday at 2024-03-04 04:40 PM | Reply | Newsworthy 1

#5 Yeah. It completely removes the authority of any person, official, or body, state or federal, to enforce 14A3, absent an act of Congress.

#8 | Posted by JOE at 2024-03-04 04:42 PM | Reply | Newsworthy 1

- "... the majority attempts to insulate all alleged insurrectionists from future challenges to their holding federal office."

"Ginni T. '28!"

Now it all makes sense.

#9 | Posted by Corky at 2024-03-04 05:01 PM | Reply

"By resolving these and other questions, the majority attempts to insulate all alleged insurrectionists from future challenges to their holding federal office."
- Soto

Why wouldn't you insulate "alleged" insurrectionist?

Seems to me this is guilty until proven innocent.

Interesting statement from a justice.

#10 | Posted by oneironaut at 2024-03-04 05:14 PM | Reply | Newsworthy 1

Yeah. It completely removes the authority of any person, official, or body, state or federal, to enforce 14A3, absent an act of Congress.

#8 | POSTED BY JOE

Seems reasonable. It's how the US government works.

Layers of jurisdiction.

For instance Immigration enforcement is the responsibility of the federal government alone.

Which is why what Texas is doing is such an issue.

#11 | Posted by oneironaut at 2024-03-04 05:19 PM | Reply

Does this ruling allow the January 6 insurrectionists to run for Federal office?
#5 | POSTED BY LAMPLIGHTER

Like whom?

Has anyone met a legal standard of "insurrectionist"?

Let's stop talking about myths and discuss reality.

Unless you're proffering this is a religious statement.

#12 | Posted by oneironaut at 2024-03-04 05:21 PM | Reply

#6 | POSTED BY GAL_TUESDAY AT 2024-03-04 04:37 PM | REPLY | FLAG:

And know who I'd blame?

The DNC that falsely and stupidly propped up Hillary when every poll had Bernie beating Trump by a much more secure majority.

People were tired of war. Tired of politicians that served the upper class and not the majority of the middle and working classes. Tired of Obama promising change when the majority of the change I saw was him into Bush III.

And how did the DNC respond to that? With a bloodthirsty warmonger and corporatist Dem. Someone virtually a neocon Republican hiding in a Democrat's pantsuit.

Makes one wonder if they are making a similar mistake this year.

#13 | Posted by zeropointnrg at 2024-03-04 05:50 PM | Reply | Newsworthy 2

And know who I'd blame?
The DNC that falsely and stupidly propped up Hillary when every poll had Bernie beating Trump by a much more secure majority.
People were tired of war. Tired of politicians that served the upper class and not the majority of the middle and working classes. Tired of Obama promising change when the majority of the change I saw was him into Bush III.
And how did the DNC respond to that? With a bloodthirsty warmonger and corporatist Dem. Someone virtually a neocon Republican hiding in a Democrat's pantsuit.
Makes one wonder if they are making a similar mistake this year.

POSTED BY ZEROPOINTNRG AT 2024-03-04 05:50 PM | REPLY

THIS THIS THIS!!!!!!!!!!!

#14 | Posted by LauraMohr at 2024-03-04 05:53 PM | Reply

No one can prove Bernie wouldn't have beaten Trump in 2016. I personally don't think he would have.

#15 | Posted by Gal_Tuesday at 2024-03-04 05:57 PM | Reply

You know who I blame? The electoral college.

#16 | Posted by Gal_Tuesday at 2024-03-04 06:01 PM | Reply | Funny: 1

Hillary and Bernie both polled better than Trump; by so much that some people sat on their hands and let Trump win when they forgot it was the Electoral College that mattered, not the popularity contest.

There's no evidence the same wouldn't have happened had Bernie been able to win the nomination, which he lost in a landslide.

#17 | Posted by Corky at 2024-03-04 06:18 PM | Reply

#16 | POSTED BY GAL_TUESDAY AT 2024-03-04 06:01 PM |

Completely valid. Obviously, she won the popular vote. This is just what worries me about this election. It's the same kind of setup. Economists can say all they want, but the lower classes are hurting. We're heading in the right direction, but it takes years for wages to catch up to cumulative years of inflation - if ever. And Trump has a way of speaking to the lower classes, ones that are particularly hard hit in swing states. I don't know if they actually believe him, or he's just a middle finger to the establishment that has left them behind in many ways. Add to that the anti-Zionist far left. Will they cut off their nose to spite their face?

It's like democrats just don't get it. They should be pushing for new blood. Instead, playing games like elucidated in this article. A terrible decision? Because what - the Supreme Court headed off what would have turned into Balkanization of the United States? Because we all know damn well if Trump was allowed to be removed from the ballot, next thing would be a bunch of red states following the logic that no criminal conviction is needed, and any idiot can decide the president committed treason, so Biden's got to go. Aiding and abetting our enemies not securing the border (as if any president has) or some such crap. Until we get to the point there aren't enough electoral votes for someone to break that 270.

Like it or not, this was the correct decision. Now Dems need to stop whining about it, and either push Biden the right way or push him to make way for someone else, and switch gears from making Trump look like a martyr to the deranged, unintelligible candidate he is, before he pulls a repeat of 2016.

#18 | Posted by zeropointnrg at 2024-03-04 06:34 PM | Reply | Newsworthy 1

one can prove Bernie wouldn't have beaten Trump in 2016. I personally don't think he would have.
#15 | POSTED BY GAL_TUESDAY

The real question, what happened in 2020.

Biden was an after thought until SC. Then everyone quits.

Made no sense to me.

#19 | Posted by oneironaut at 2024-03-04 06:41 PM | Reply

It's like democrats just don't get it. They should be pushing for new blood. Instead, playing games like elucidated in this article. A terrible decision? Because what - the Supreme Court headed off what would have turned into Balkanization of the United States? Because we all know damn well if Trump was allowed to be removed from the ballot, next thing would be a bunch of red states following the logic that no criminal conviction is needed, and any idiot can decide the president committed treason, so Biden's got to go. Aiding and abetting our enemies not securing the border (as if any president has) or some such crap. Until we get to the point there aren't enough electoral votes for someone to break that 270.
Like it or not, this was the correct decision.
#18 | POSTED BY ZEROPOINTNRG

The 9-0 part of the ruling may be the correct decision, but the 5-4 part of the decision in which the 3 liberal justices issued an opinion and ACB also issued an opinion is not the correct decision:


On Monday, the Supreme Court unanimously reversed a Colorado Supreme Court decision removing Donald Trump from the ballot because of his engagement in an insurrection on Jan. 6. But that top-line holding is where the unanimity ended because five conservative justices just couldn't help themselves: They went much further than the case required, announcing an entirely new rule that Congress alone, through "a particular kind of legislation," may enforce the constitutional bar on insurrectionists holding office. As the three liberal justices pointed out, in a separate opinion that glows white-hot with indignation, the majority's overreach "attempts to insulate all alleged insurrectionists from future challenges to their holding federal office." They are, of course, correct. After this decision, it is impossible to imagine a federal candidate, up to and including the president, ever being disqualified from assuming office because of their participation in an insurrection. . . .

Notably, the liberals actually had Justice Amy Coney Barrett on their side too. She authored a separate opinion expressing her disapproval of the majority's overreach but declining to say more because "the court should turn the national temperature down, not up." So, in effect, Anderson is a 5-4 decision, with a bare majority effectively repealing the insurrection clause for federal officeholders. The liberals' disapproving citations to Bush v. Gore and Dobbs give a sense of how disastrously they believe the majority went astray.

#20 | Posted by Gal_Tuesday at 2024-03-04 07:20 PM | Reply

They went much further than the case required, announcing an entirely new rule that Congress alone, through "a particular kind of legislation,"

Republicans used to call this Judicial Activism, legislating from the bench.

Republicans don't talk about that any more.

It's like how you can tell the kids are up to no good, when gets too quiet for too long.

#21 | Posted by snoofy at 2024-03-04 07:28 PM | Reply | Newsworthy 2

@#19 ... The real question, what happened in 2020. ...

That's simple.

Pres Biden beat fmr Pres Trump.

In spite of all the noise otherwise, no evidence has been provided to the contrary.

#22 | Posted by LampLighter at 2024-03-04 07:32 PM | Reply

@#21 ... They went much further than the case required, ...

How often does SCOTUS do that?

From what I have been able to find --- hardly ever, bordering upon never.

So, why did they seem to feel the need to go so far outside of their usual realm? And without any real substantiation why they made that expedition?

#23 | Posted by LampLighter at 2024-03-04 07:36 PM | Reply

Zero, ------- did not somehow become not an insurrectionist overnight nor as a result of this decision.

SO, instead of making the difficult and correct decision that a state CAN decide who is on their ballot, something that has been done since forever, they came up with some ridiculous nonsensical rationale.

Which does not solve the problem.

Even the liberal justices got it wrong, because they based their conclusion on 2 factors-a. that single or small groups of states decide who is the president or not, which is the exact result of the electoral college and b. that bad faith actors would use this to exclude say Biden.

Well, the SC should not make decisions in fear of what terrorists will do, because then the terrorists are successful.

And this is the important point: This decision solves nothing. It does not alter the underlying fact that a presidential candidate is an insurrectionist.

That fact will have to be addressed at some point-when ballots are being drafted, when people enter the voting booth, when votes are counted, when votes are certified by the states, when votes are certified by the EC, when electoral votes are counted/certified.

At some point the issue will have to come to a head, well it will have to if ------- wins in November, if he loses, we have other problems. Some entity will have to make an informed decision that ------- is ineligible to hold office. And even no decision is a decision.

So, sooner is better than later, but sooner is no longer an option. The Supreme Court essentially decided chaos in November-January is better than chaos now.

#24 | Posted by truthhurts at 2024-03-04 07:40 PM | Reply

The Supreme Court essentially decided chaos in November-January is better than chaos now.
#24 | POSTED BY TRUTHHURTS

True, it's bummer the voters get a say.

#25 | Posted by oneironaut at 2024-03-04 07:47 PM | Reply

Let's stop talking about myths and discuss reality.

Unless you're proffering this is a religious statement.

#12 | Posted by oneironaut

Here in reality everyone knows trump attempted a coup.

You're the one pretending to be stupid to protect your cult leader from accountability.

#26 | Posted by SpeakSoftly at 2024-03-04 07:49 PM | Reply

Well. I guess I should go back to researching possible expat retirement locales...

#27 | Posted by earthmuse at 2024-03-04 09:17 PM | Reply

States rights only applies (apparently) when conservative (justices) say that it does...

#28 | Posted by earthmuse at 2024-03-04 09:20 PM | Reply

Back come the Bernie Bros to tell us how the atheist, Jewish, socialist would have won a national election. Their delusions are both amusing and pathetic.

#29 | Posted by censored at 2024-03-04 09:32 PM | Reply

@judgeluttig
@judgeluttig

My thoughts about the Supreme Court's decision today, with CNN's Jake Tapper just now.

The ruling is astonishing and unprecedented, not for its decision of the exceedingly narrow--and only--question presented

(though, significantly, four of the Justices agreed only with the "result" of that decision, and not with its reasoning)

but rather, for the five-Justice majority's decision to reach out gratuitously and decide essentially all of the equally, if not more momentous, constitutional questions that would need to be decided

in order for the former president or any other person in the future to be disqualified under the Fourteenth Amendment.

And in the course of unnecessarily deciding all of these questions when they were not even presented by the case, the five-Justice majority effectively decided not only that the former president will never be subject to disqualification,

but that no person who ever engages in an insurrection against the Constitution of the United States in the future will be disqualified under the Fourteenth Amendment's Disqualification Clause --as the concurrence of Justices Sotomayor, Kagan, and Jackson witheringly explain.

threadreaderapp.com

#30 | Posted by Gal_Tuesday at 2024-03-04 09:35 PM | Reply | Newsworthy 1

Here in reality everyone knows trump attempted a coup.
- speaks

Lol prove it in a court of law.

Otherwise you're a lying piece of ----.

#31 | Posted by oneironaut at 2024-03-04 09:45 PM | Reply | Newsworthy 1

Just because you make an accusations doesn't mean it true.

That's how science works BTW.

#32 | Posted by oneironaut at 2024-03-04 09:47 PM | Reply

Like you'd know. You're a ------- ------.

#33 | Posted by LegallyYourDead at 2024-03-04 09:55 PM | Reply

Newsflash, it was 9-0

#34 | Posted by THEBULL at 2024-03-04 10:02 PM | Reply

@#25 ... True, it's bummer the voters get a say. ...

Yeah, this decision aside and questioned for other reasons, that seems to be the motto of the Republican Party of late.

That also raises the question, why are Republicans so afraid of those voters?

#35 | Posted by LampLighter at 2024-03-04 10:12 PM | Reply

@#31 ... Lol prove it in a court of law.

Otherwise you're a lying piece of ----. ...

Good to see that your current alias admits the clais of fmr Pres Trump about the 2020 election are lies.

#36 | Posted by LampLighter at 2024-03-04 10:15 PM | Reply

That fact will have to be addressed at some point-when ballots are being drafted, when people enter the voting booth, when votes are counted, when votes are certified by the states, when votes are certified by the EC, when electoral votes are counted/certified.

Kamala should do what Trumpers strenuously argued Pence had the authority to do, and just discard certificates of electors from states that did something she doesn't like.

#37 | Posted by JOE at 2024-03-04 10:52 PM | Reply

Boaz, please remind us we are not a Democracy.

#38 | Posted by snoofy at 2024-03-05 04:18 AM | Reply

The Supreme Court is just protecting Ginni Thomas.

#39 | Posted by Sycophant at 2024-03-05 10:25 AM | Reply

Here in reality everyone knows trump attempted a coup.
- speaks

Lol prove it in a court of law.

Otherwise you're a lying piece of ----.

#31 | Posted by oneironaut

What am I lying about? That you know trump attempted a coup, and the founding fathers wouldnt approve of him running again? If you don't know that, then you're stupid. So you're either pretending to be stupid, or you're actually stupid. Either way it doesn't look good for you.

#40 | Posted by SpeakSoftly at 2024-03-05 05:10 PM | Reply

"Lol prove it in a court of law."

He did it live on TV you moron, but you know this.

#41 | Posted by dibblda at 2024-03-05 11:15 PM | Reply

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