Father, husband, former physicist, and operations research scientist

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maegul, to politics avatar

Not knowing US constitutional law, it seems to me the SCOTUS decision might mean that the Dems missed an opportunity when they had the house

That it’s a federal matter seems legally predictable/natural to me, and that it then falls to congress to enforce then also seems natural.

What am I missing on that?

Otherwise, what would the Dems have had to lose by passing an act when they had the house? The 14th was right there.



@maegul @politics Congress couldn’t do anything after January 6th, because that would be an ex post facto law which is forbidden by the Constitution. You could maybe fault the Justice Department for not charging him under the one specific law ( 18 U.S.C. § 2383 ) which apparently works to disqualify under this ruling. Of course, if the facts were different they would have divined some other interpretation of the 14th Amendment.

Teri_Kanefield, to random avatar

I caught a few headlines. It sounds like it wasn't just the conservative justices who were skeptical.

@StephanieJones, who I quote in the analysis I did on my blog, asked the right questions early on. (She rocks.)


@Teri_Kanefield @CaseyL @StephanieJones It makes sense except the states always control ballot access. Why can a state keep someone off the ballot for reasons not enumerated in the Constitution (number of signatures, percentage of party vote in previous election, etc…), but not for something actually in the Constitution? Logically this should mean anyone and everyone who wants should be on our ballots. What standing does a state have to keep my 10 year old off the ballot?

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