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Supreme Court to Decide Whether to Kick Trump Off Ballot

Twilight Hue

Twilight, not bright nor dark, good nor bad.
This could stir up a **** storm.

Supreme Court to Decide Whether to Kick Trump Off Ballot

"The legal debate about whether or not former President Donald Trump should be allowed to appear on the 2024 ballot has made its way before the Supreme Court.

The court distributed John Castro v. Donald Trump to the justices for conference on Wednesday ahead of the upcoming term, which will begin on October 2. Conference is to take place on September 26 and the case is expected to be decided on or before October 9.
Castro, a tax attorney running for the Republican nomination next year, sent his petition to the Supreme Court last month, asking the justices to answer whether political candidates can challenge the eligibility of another candidate of the same party running for the same nomination "based on a political competitive injury in the form a diminution of votes.

The lawsuit is seeking to argue that Trump should not be allowed to run for the White House based on section three of the 14th Amendment, which disqualifies individuals from holding public office if they have "engaged in insurrection or rebellion" against the United States. While Trump has not been charged with insurrection, Castro is pointing to Trump's role in the January 6 Capitol riot."

To have the highest court decide against a single citizen prior to a conviction can lead to consequences.
 

PureX

Veteran Member
The Republican Party would love to see the court disqualify him. That way they could continue to pretend they are his allies while they finally get rid of him. But I doubt the court will do it.
 

Subduction Zone

Veteran Member
To have the highest court decide against a single citizen prior to a conviction can lead to consequences.
Conviction is not needed for this. The result will not be incarceration. At least not for trying to run for President. You can already be banned for all sorts of activities because you do not meet certain criteria. Why should running for President be any different?
 

Stevicus

Veteran Member
Staff member
Premium Member
To have the highest court decide against a single citizen prior to a conviction can lead to consequences.

Possibly, although if the Court rules in favor of Trump, then they'd be making an official legal proclamation that Trump had no part of any insurrection or rebellion.
 

Shaul

Well-Known Member
Premium Member
But when the person is filmed being part of a criminal act, well, there's no innocence. Trump has lied about winning in 2020, yet he knows he lost.
You have substituted your opinion over Law. According to the Law he is innocent. Which means the whole argument of using the XIV Amendment is baseless. Since you think it is so "obvious" he is guilty, go to court. Until then...
 

fantome profane

Anti-Woke = Anti-Justice
Premium Member
You have substituted your opinion over Law. According to the Law he is innocent. Which means the whole argument of using the XIV Amendment is baseless. Since you think it is so "obvious" he is guilty, go to court. Until then...
Fine, so let's just follow the process set out in State law to determine who is and who is not eligible to be on the ballot.
 

Shaul

Well-Known Member
Premium Member
Words you heard once but don't really understand.

Presumed innocent is a legal maxim, not a political one. It doesn't apply here.

To run for President you must be a natural born citizen of the United States, a resident for 14 years, and 35 years of age or older, and you also must be someone who has not “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Of course it applies to the legal question of whether Trump can legally be excluded from the ballot. Which is what I was discussing. Your mere opinion that Trump has "engaged in insurrection or rebellion" isn't legally binding and insufficient to deny everyone else's right to have him on the ballot should they choose to do so. So much so that it isn't worth the time to debate. If you think your case is so strong, take it to court.
 

fantome profane

Anti-Woke = Anti-Justice
Premium Member
Of course it applies to the legal question of whether Trump can legally be excluded from the ballot. Which is what I was discussing. Your mere opinion that Trump has "engaged in insurrection or rebellion" isn't legally binding and insufficient to deny everyone else's right to have him on the ballot should they choose to do so. So much so that it isn't worth the time to debate. If you think your case is so strong, take it to court.
As I said in a later post, why don't we just follow the process that is spelled out for determining who is or is not eligible to be on the ballot?

The process varies from State to State, but does not involve a conviction of a crime.
 

fantome profane

Anti-Woke = Anti-Justice
Premium Member
How is that supposed to work if there is no conviction of a crime?
It works the way the law says it works. Each State spells out a process.

If someone is under 35 years old, they are not eligible to be President. It does not need a criminal conviction.

If someone is not born in the U.S. they are not eligible to be President. It does not need a criminal conviction.

If someone commits an insurrection they are not eligible to be President. It does not need a criminal conviction.





Why is that so hard to understand.
 
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