On what grounds would they even look at this case? There is no federally constituted right to be on ballots to begin with.
It’s a little late for that approach, since Judge Sarah Wallace already attempted to say the 38th congress didn’t intend for the law to apply to the President but it was overturned in appeals court when documents proved they did actually discuss exactly that topic on the day and made no exclusions. So, they have no grounds to even review this case.
And there’s no need for them to address most of it because it already comes with a remedy for the accused, appeal to congress who can vote on forgiving them.
I wonder what our overly conservative, and therefore, illegitimate, “supreme” court will decide?
I worry about this scenario:
The right wing justices on the court owe Trump nothing, and can look forward to using their lifetime positions to continue to ruin the country for decades. He was just a useful tool for getting them onto the court. They want Trump to stop bugging them and let them get on with it.
The three Trump justices and Thomas could recuse themselves, citing some previously hidden sense of ethics (and Habba specifically asking them for a quid pro quo).
Then a majority of the remainder would then remove Trump from the ballot.
This achieves 3 things:
- Republicans would be rid of Trump, because he’s a liability to their long term success. They could nominate Haley or whatever for this cycle.
- Republicans could shriek (and fundraise) endlessly off of “partisan librul socialist Democrat justices” removing Trump and why they need even MORE right wing justices.
- Trump’s stochastic MAGA terrorists would focus all their fury and rage on non-rightwing justices (rather than deciding that one of their own was a “RINO” and targeting them).
The only problem with their scenario (for the Republicans and those that control them) is that Trump would freak out and might tell all his followers to storm the Supreme Court anyway.
My guess is that they’ll rule he doesn’t qualify for being kicked off the ballot due to the 14th Amendment, but then they’ll “balance” that ruling out by ruling against Trump in his “Presidents are criminally immune no matter what they do” case. As if they’d ever rule in favor of that theory with a Democrat in the White House.
If presidents are criminally immune, then Biden can be president forever. And he could order the execution of any supreme Court justice. They need to be careful in the ruling.
Lemme guess. It’s gonna take 18 months?
“We the SCOTUS rule that Trump gets 3 more terms, and Joe Biden goes to jail because he’s a poopy head.” - Clarence Thomas probably
The Supreme Court that is comprised mostly of conservatives half of which he put there? I’m sure it’ll be a fair ruling…