Supreme Court restores Trump to ballot, rejecting state attempts to ban him over Capitol attack
Supreme Court restores Trump to ballot, rejecting state attempts to ban him over Capitol attack
Supreme Court restores Trump to ballot, rejecting state attempts to ban him over Capitol attack.
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I don’t like the guy, but I like even less the government deciding to take candidates off the ballot.
The opinion: https://www.supremecourt.gov/opinions/23pdf/23-719_19m2.pdf
We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.
To be fair, the government has always set criteria for being on the ballot. For example, to be US president you have to be at least 35, a natural citizen, and have live in the states for at least 14 years.
Not being an insurrectionist is also part of that criteria. We’ve just never had a presidential candidate that has needed us to consider that part of the constitution.
Think of it this way. It’s not that the government is trying take an eligible person off the ballot, but it’s clarifying the ineligibility criterion.
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