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The U.S. Supreme Court docket right now has made a mockery of Part 3 of the Fourteenth Modification to the U.S. Structure.
The Supreme Court docket has dominated that–regardless of inciting and facilitating a violent rebellion that defeated federal regulation enforcement, conquered the seat of our nationwide authorities, practically assassinated the vice chairman and key congressional leaders, and blocked Congress from certifying his electoral defeat, thus disrupting the peaceable switch of energy for the primary time in our nation’s historical past–the disgraced ex-president Donald Trump can run for workplace once more as a result of this vital provision of the Structure, designed to stop precisely this case, can’t be enforced.
Underneath Part 3 of the Fourteenth Modification, “No individual shall . . . maintain any workplace, civil or army, beneath the USA. . . who, having beforehand taken an oath, . . . as an officer of the USA. . ., to assist the Structure of the USA, shall have engaged in rebellion or insurrection in opposition to the identical, or given help or consolation to the enemies thereof.” Each courtroom and state official that has addressed that challenge — in Colorado, Maine, and Illinois — concluded that Trump engaged in rebellion and is disqualified from the presidency.
The Supreme Court docket didn’t deny that Trump engaged in rebellion; certainly, throughout a virtually three hour oral argument on February 8, 2024, neither Trump’s lawyer nor any of the Justices significantly disputed that conclusion. As a substitute, the Court docket dominated that states’ energy to nominate presidential electors–which the Court docket has beforehand described as “far-reaching” and “plenary”–doesn’t enable them to use this vital provision of the Structure to presidential candidates. As of right now, states can exclude a presidential candidate from the poll as a result of he didn’t submit the correct paperwork with the correct variety of verified signatures, however not as a result of he fomented a bloody rebellion in opposition to the U.S. Structure.
This determination is disgraceful,” stated Ron Fein, Authorized Director of Free Speech For Individuals, which pioneered the primary litigation beneath Part 3 of the Fourteenth Modification and co-led the profitable Illinois problem. “The Supreme Court docket couldn’t exonerate Trump as a result of the proof of his guilt was overwhelming, so as a substitute the Justices neutered our Structure’s built-in protection in opposition to insurrectionists and stated the details don’t matter.
This harmful ruling encourages Trump–and people who observe his instance–to interact in additional insurrections and disrespect extra broadly the Structure. As one Senator defined in 1866 when advocating for Part 3, “the person who has as soon as violated his oath shall be extra liable to violate his fealty to the Authorities sooner or later.” The framers of the Fourteenth Modification realized this lesson in blood, and gave us Part 3 to stop a repeat. With right now’s ruling, the Supreme Court docket has completely failed in its obligation to uphold this constitutional mandate at this vital second in historical past.
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