quote:
that a disqualification for insurrection can occur only when Congress enacts a particular kind of legislation pursuant to Section 5 of the Fourteenth Amendment. In doing so, the majority shuts the door on other potential means of enforcement."

Now this is interesting. Didn't think they would go this far. Glad they did, but it is certainly something to unpack

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Posted by teke184

Zachary, LA

Member since Jan 2007

99049 posts

Posted on 3/4/24 at 9:18 am to Fun Bunch

quote:
Now this is interesting. Didn't think they would go this far. Glad they did, but it is certainly something to unpack

This is the risk of “novel legal theory”…

You not only lose but the loss forces a definition be put on the issue limiting things going forward.

This had been a double edged sword on executive orders until a number of them were so clearly illegal that the court had to limit them.

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Posted by Bard

Definitely NOT an admin

Member since Oct 2008

52953 posts

Posted on 3/4/24 at 10:32 am to Fun Bunch

quote:
Now this is interesting. Didn't think they would go this far. Glad they did, but it is certainly something to unpack

It comes across, to me, as a shot across the bow towards the "lawfare" types. I see it as "you pushed this when you knew you shouldn't so here's the result and it sucks to be you right now." I see this as a bit of an extension of Clarence Thomas' warning to district courts during the Trump era when every liberal judge would try tossing up blocks to his attempts at thwarting illegal immigration (especially when they clearly should have no jurisdiction).

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