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Saturday, February 10, 2024

The Oral Argument from Hell.

The Oral Argument from hell.

 

The idea that Trump might not be evicted from the ballot, judging from the discussion at oral arguments this week before the Supreme Court is supremely depressing.   Trump continues to plague America like the ineradicable odor of a skunk.

 

After all, the constitutional scholars on television had pretty much agreed that Trump should not be a choice for a befuddled and divided electorate after all the prognostications about how Section III of the 14th Amendment clearly states that Trump is disqualified, after the incitement of an insurrection, after people died, after a committee of congress presented all the damning evidence, after courageous witnesses risked their lives and safety to speak the truth, after a trial found Trump guilty of insurrection and the  Supreme Court of Colorado found Trump an insurrectionist and held him clearly disqualified from office, the justices of the United States Supreme Court are mentally masturbating whether disqualifying Trump would cause a disparate result in the various states, with some keeping him off the ballot, and other states doing the contrary.  The Justices asked questions about procedural minutia, hinting that they would avoid the issue like a root canal, and let him stay.

 

I hope that they rule on the briefs and the overwhelming historical analysis, and that oral argument was not an omen of judicially avoiding the lessons of history.  Court rulings in the past have caused national disruption, such as Brown v. Board of Education, but then the court was courageous and fair.

 

No one, not even the liberal justices, expressed any concern about preserving the Republic. Or the intent of the framers.   There was no discussion of the historicity of the 14th Amendment, designed to keep insurrectionists off the ballot.   Con men can be popular.  And Trump has announced his revenge agenda.  I think the court should believe him.

 

This did not seem to bother the justices when they overruled Roe v. Wade.  The states are busy enacting different rules and creating a hodgepodge of laws, most of which are detrimental to the health and safety of young women.  Or when they gutted the Voting Rights Act in Shelby County v. Holder allowing enlightened places like Mississippi to disenfranchise as many African American voters as possible.

 

“Why were there no prosecutions after the Civil War and the 14th Amendment?” asked Clarence Thomas.   Well, because there was post war amnesty passed in Congress in 1872.  Guess you did not learn that from Harlan Crowe.   And because no one else and no President ever caused an insurrection since then, until Donald Trump.

 

 

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