Two wrongs don’t make a right, but two Wrights made an airplane
You know, it was funny when it was just a couple of spoilsport Democratic congressmen and a handful of liberal constitutional scholars raising the alarm about Traitor Tot not being qualified to run for president under Act 3 of the 14th Amendment, the Reconstruction era anti sedition law. It got quite a bit of good natured play in the MSM, almost whimsical.
It’s not so funny anymore. It started out with liberal constitutional scholars like Lawrence Tribe, and congressman Jamie Raskin. The teaser that held the whole thing together was the fact that the Amendment was specific, you don’t have to be convicted of sedition, you just have to be proven to have offered support, aid, or comfort to participants in a seditious act against the United States. Which fits His Lowness to a T.
It stopped being funny when all of a sudden, leading conservative constitutional scholars started coming out in favor of the scheme. Former federal judge and constitutional scholar J. Michael Luttig, the Lawrence Tribe of constitutional scholars found that FrankenTrump was definitely ineligible to run again under the 14th Amendment. And recently, in a legal opinion article, two of the leading conservative shining constitutional stars of The Federalist Society, you know, the GOP’s judicial version of The Handmaids Tale concluded that by any definition of the 14th Amendment, Trump was excluded from being able to run again.
Pure and simple, this has gone too far. It has gotten too much air time, there has been too much serious discussion on the air, and too many people support it for the GOP to be able to put this genie back in the bottle. And the battle is sure to ensue, simply because of the mechanics of starting it in the first place.
In any state, the ultimate arbiter of who is legally entitled to either be, or not be on the ballot is the Secretary of State. And right now there are at least three Democratic Secretaries of State seriously examining whether or not Trump is eligible to be on the ballot due to the 14th Amendment. And you know what? It doesn’t really matter what they decide, because it’s going to court no matter what.
Let’s just say that a Secretary of State determines that Trump is ineligible under the 14th Amendment, and omits his name from the ballot. Trump’s legal carp will immediately file a lawsuit in federal court, demanding Trump’s name be put back on the ballot, and claiming a partisan political witch hunt. Final destination? SCOTUS.
Now, let’s look at it from the other side. Let’s say a Secretary of State qualifies Trump and leaves his name on the ballot. Immediately, a group, likely a bipartisan group of legal experts and constitutional scholars will file a lawsuit in federal court, this time demanding the removal of Trump’s name from the ballot under Act 3 of the 14th Amendment. Once again, final destination? SCOTUS.
So any way you look at it, this mess is ending up in front of the Supreme Court. Which, with a 6-3 GOP super majority, with three justices appointed by Trump, looks like a piss poor arena for getting a righteous judgement. But not so fast. For a couple of reasons.
First, other than overturning Roe v Wade, which was a purely ideological labor of love for the court, the Supreme Court has been anything but kind to El Pendejo Presidente. Repeatedly during his term they ruled that his hare brained proclamations were unconstitutional. They ordered his accounting firm to turn his accounting and tax records over to the Manhattan Da. They ordered him to appear at deposition. and they repeatedly either struck down, or refused to hear his emergency injunction requests when he was fighting the 2020 election results in court.
Second on the hit parade is Trump himself. Right from the get go, Trump proudly referred to the Evil Axis as His Justices. Like they were chattel property. Gorsuch can’t be proud that he got his seat because Mitch McConnell literally stole it from Merrick Garland. Brewski Brett Kavanaugh can’t be proud that Trump brought out his sexual predator behavior and drinking problem at his hearings, and that he demeaned himself into a pathetic, tearful rant to get his job. And Amy Coney Barrett can’t help but wonder, Why Me? And I think that a small, petty personal part of them takes great pleasure in sticking their decisions up Trump’s fat *ss, just to prove their independence.
The minute the lawsuit(s), any lawsuits get filed, Trump is immediately going to run to Bullsh*t Social to proudly proclaim to his supporters that His Supreme Court Justices will get this sh*t fixed up most riki-tik. Which is a scenario that should give Chief Justice John Roberts nocturnal emissions.
Right now, the Roberts court has lower popularity with Americans than dog sh*t. After all, dog sh*t is at least funny if somebody gets it on their shoe. There’s nothing funny about the Roberts court. Clarence Thomas is Ken Paxton in a black robe, and right now Roberts wishes he would befall the same fate. Alito needs to get his vocal chords cut, and the Dobbs decision ensured that Roberts will go down in history as the first Chief Justice to actually remove a constitutional right from over half the population. This case is a lifeline for Roberts and his reputation.
And it almost sells itself to the Axis of Evil on his court. If the court votes that Traitor Tot can remain on the ballot, then they risk having Trump win in November. This means either whoring themselves constantly to please Glorious Bleater, or face death threats from enraged Trombies when they defy him. And all while Trump is scheming to make the Supreme Court a mere rubber stamp for his desires.
But if they side with the angels, and give Trump the Denver Boot, their problems are solved. While Roberts, Gorsuch, Kavanaugh and Barrett are to some degree ideologically driven, I can’t believe that they don’t fundamentally believe in the constitution. After all, they spent their careers defining and defending it, with no guarantee they would get where they are. And Trump wants to demolish it. If they invalidate Trump’s ability to run, he’s toast. Just another scumbag in an orange jumpsuit. Roberts’s court gets an immediate popularity boost for finally following the law for once, and none of the Axis of Evil ever have to hear themselves referred to as Trump’s Justices.
Man! That’s a whole ton of political bullsh*t right there. And justice is supposed to be above politics, right? Dream on. Every Supreme Court justice has been, from the start ideological enough to be thought of as either conservative or liberal. But you know what they all share in common? They all had to be good enough jurists to compile a ruling record that showed their expertise for the law, or they likely would not have survived their confirmation. Brewski Brett excluded. And they’re all smart enough, Alito and Thomas excluded, to realize that sometimes a sound legal decision also just happens to be the best political decision.
But make no mistake, this case is coming to the Supreme Court one way or the other. And here’s a prediction. As with Bush v Gore in 2000, Roberts is not going to want to wait while the appellate process plays out. Once the initial ruling is made, I look for Roberts to immediately take the case on an expedited basis, to minimize the disruption to the general electoral process, and ensure confidence in the integrity of the election. We’ll see how it goes from there.