Trump deserved to lose on all these points, and the Colorado Supreme Court correctly rejected his arguments on them. But I think he did have a plausible argument on the issue of whether his involvement in the Jan. 6 attack was extensive enough to qualify as “engaging” in insurrection. At the very least, he had a better argument there than on self-execution. The Court’s resolution of the latter issue is based on badly flawed reasoning and relies heavily on dubious policy arguments invoking the overblown danger of a “patchwork” of conflicting state resolutions of Section 3 issues. The Court’s venture into policy was also indefensibly one-sided, failing to consider the practical dangers of effectively neutering Section 3 with respect to candidates for federal office and holders of such positions.

  • RubberDuck@lemmy.world
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    8 months ago

    People don’t seem to understand the SCOTUS cannot be wrong. They are the definitive verdict, what they say is the way that must be considered correct.

    You might not like it, it might be unethical and immoral, but it is the law in the US now.

    The only solution is working within the new framework. And … wondering how you ended up in a situation where a group of 9 unelected old farts can sit there … for life… and just invalidate any and every law that actually elected representatives come up with. Even if the Dems end up winning both houses and the presidency, SCOTUS will just NOPE everything the R’s don’t like.

    • Dkarma@lemmy.world
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      8 months ago

      I mean this statement is complete bullshit.
      They overturned roe. That alone proves you’re full of it. If roe “cannot be wrong” then this scotus which said it is is illegitimate.

      • RubberDuck@lemmy.world
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        8 months ago

        Only SCOTUS can. Scotus is not bound by their own precedent.

        We are not final because we are infallible, but we are infallible only because we are final.

        • Telodzrum@lemmy.world
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          8 months ago

          Not true, common legislation can change the law and even abrogate the Court’s jurisdiction over matters.

          • RubberDuck@lemmy.world
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            8 months ago

            But would this not only work up to the point where the laws conflict with something SCOTUS can warp the Constitution around to get their way?

              • RubberDuck@lemmy.world
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                8 months ago

                Most definitely. I’d hope for Americans and especially American women, they find a way to assure full access to reproductive healthcare across the US. And a way to abolish corporate personhood, cause these things seem to really wreak havoc on the US and the world.

                • Telodzrum@lemmy.world
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                  8 months ago

                  Corporate “personhood” is actually really important to a modern society. It’s largely misunderstood.

                  • RubberDuck@lemmy.world
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                    8 months ago

                    I think most people understand why it exists, but in practice it is used as a way to shield the people making the decisions from consequences.

                    And the way it allows companies to influence politics in the US is pretty darn detrimental.

                    The fact that we now learn that many people controlling some of the larges companies in the world knew they where actively destroying the planet, hurting peoples health, poisoning people and kept quiet… for decades… meaning there is no recourse for us (the collective us) while some individuals get rich.

                    The fact that shipping companies create individual llcs for ships so they can cut the loss in case of a disaster and leave us holding the bag for the consequences cannot be what we want for our planet and future.

                    If corporate personhood can/needs to stay that’s fine, as long as we adress these issues then.

    • Maggoty@lemmy.world
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      8 months ago

      See, you’re making a strictly legal argument and nobody cares. A Court that abused it’s power isn’t a court at all in our eyes

    • qevlarr@lemmy.world
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      8 months ago

      People are downvoting because they don’t like this, but you are correct. That’s why this capture of the Supreme Court is so dangerous. They don’t have ethics rules, they can overturn laws, they know they can do whatever the fuck they want.

      • RubberDuck@lemmy.world
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        8 months ago

        I don’t like it… it is the way it is. I’m not American but I see the damage this is doing to the world. The whole world is watching as a corrupt authoritarian has a serious chance of becoming president of the US again, this time with nothing holding him back.