quote:
That is not what the Opinion says. They said it was up to Congress to enforce Section 3. Under the Enforcement Act of 1870, Congress gave Enforcement power to federal prosecutors. That portion of the 1870 Act was not carried forward into Title 18, so now it is up to Congress to decide how to enforce the Act.

This obviously won't happen with a Republican House, but in theory Congress could pass an Act before election day granting power to another body to reject elected officials who engaged in insurrection.

Seriously, I think this issue will return after Trump wins. SCOTUS did not address whether Trump was an insurrectionist, nor whether Section 3 can apply to POTUS. Only 5 Justices said that Congress is the only body in charge of Enforcement, and that might not hold up should the question return.

Trying to follow what you are saying. You indicate that is not what the Opinion says then for right back and say that is what it says?

The question regarding whether or not Trump was an insurrectionists was not put before the court. If it were, that is an easy question to punt back to Biden's DOJ and Jack Smith who declined to charge Trump with insurrection.

They know better than to try that route as Trump has multiple defenses against the ludacris idea he started, participated, observed in any "insurrection".

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Posted by SlowFlowPro

Simple Solutions to Complex Probs

Member since Jan 2004

425879 posts

Posted on 3/4/24 at 2:51 pm to flownthecoop

quote:
The question regarding whether or not Trump was an insurrectionists was not put before the court.

That's not entirely accurate. Had the court engaged in a different analysis, they could have been forced to make this determination (as only the CO Supreme Court had previously, IIRC).

quote:
If it were, that is an easy question to punt back to Biden's DOJ and Jack Smith who declined to charge Trump with insurrection.

The DOJ declining to charge Trump has literally nothing to do with anything related to this case.

That was a talking point created by pro-MAGA content creators, and was killed by today's ruling.

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Posted by Dday63

Member since Sep 2014

2329 posts

Posted on 3/4/24 at 3:13 pm to flownthecoop

quote:
Trying to follow what you are saying. You indicate that is not what the Opinion says then for right back and say that is what it says?

I'll try to type slower for you.

You said that it was up to Congress to make the section 3 "determination", and went further to say that impeachment should be the only process.

What the Court said is that Congress is in charge of passing enforcement legislation for Section 3. Congress can pass the "determination" aspect of Section 3 to another governmental body, such as the Courts via federal prosecutors like it did in the past.

quote:
The question regarding whether or not Trump was an insurrectionists was not put before the court. If it were, that is an easy question to punt back to Biden's DOJ and Jack Smith who declined to charge Trump with insurrection

The Colorado district Court held that Trump engaged in insurrection, and The Colorado Supreme Court upheld that determination.

If SCOTUS were to rule in Colorado's favor, it would have had to agree Trump engaged in insurrection, or at least agree that Colorado courts were free to make that determination.

So, the issue was before the Court, but it did not need to be addressed for their decision. Thus, it is still an open question.

I agree Trump has defenses to such a determination. The negative inference from a lack of charges is a weak one, however.

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