I don’t claim to be any kind of a great legal mind, let alone one that can predict which cases will go to the Supreme Court and which ones won’t, but I’ll say this: I honestly believe that these insurrectionist disqualification clause cases may end up having to be decided by the highest court in the land. Here are the broad brush strokes.
Marjorie Taylor Green responded to a lawsuit which invoked the disqualification clause as a means of getting her off the ballott. She asked for an injunction and that was denied.
Now, contrast that with the March 4 ruling by a federal judge in North Carolina, who ruled that the 1872 law which gave amnesty to ex-Confederates provided amnesty as well to all future insurrectionists, effectively nullifying Section Three of the Fourteenth Amendment [which states: “No person shall be a Senator or Representative in Congress…who, having previously taken an oath, as a member of Congress…shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof“] and blocking a similar challenge brought by North Carolina voters to Madison Cawthorn’s ability to be on the ballot for reelection.
You see where this is going? This is at a black v. white level now and rulings like that on cases with a similar, in this case identical fact pattern, are a cry for the law to be clarified, if not clearly rewritten.
So in North Carolina, there’s a hearing on the appeal of that ruling, on May 3. Marge is going to court this Friday. And she is not happy. She went to Mother Tucker to unload.
Marge is fuming tonight about the lawsuit to disqualify her from the ballot as an insurrectionist: “The progressives .. they’re filing a lawsuit because they’re trying to rip my name off of the ballot and steal my district!” pic.twitter.com/wFhurFS8yA
— Ron Filipkowski ?? (@RonFilipkowski) April 19, 2022
Now this is foreboding.
The case for her disqualification will be strongest once DOJ indicts & prosecutes her for her engagement in the insurrection. Short of that, she has a valid defense in denial of due process of law. #NoOneUnscripted https://t.co/Wq735fvDm7
— Oeishik? (@NoOneUnscripted) April 19, 2022
I stand by my initial impression. This law needs clarification. If it can be clarified in these two hearings pertaining to Greene and Cawthorn, then that’s the best case scenario. If not, I think these cases are going to have to go up on appeal and maybe they will go to the Supreme Court.
It does make sense. You have a couple of no-talent trolls, who got into office on Donald Trump’s MAGA coattails and then who participated in the insurrection at the Capitol on January 6 to keep Trump in office and the duly elected president out, i.e. a coup d’etat. That is a case of first impression if ever a definition was needed of one, wouldn’t you say?
Now, one last comment, and this is what has me rubbing my hands together in gleeful anticipation of this Friday’s hearing: Greene is a liar par excellence. She’s the textbook definition of a perjury trap. I can’t wait to get a look at the transcript.