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Courting democracy



To the editor:

The disqualification of Donald Trump for promoting an insurrection or rebellion against the Constitution in Colorado and Maine, and probably other states to come, puts the U.S. Supreme Court in a difficult position. This is true for at least five of the justices who were promoted by, or are supported by, the extreme right-wing Federalist Society and their wealthy friends.  

Contrary to what some constitutional experts and scholars have argued, the Supreme Court will not allow the states to disqualify Trump from running for the Republican nomination or from running for president. I believe five or six Justices (Chief Justice John Roberts being a question mark) will take the easy way out to let Trump run. That easy way out is the “textualist” interpretation of 14th Amendment, Section 3, which bars those who have "engaged in insurrection or rebellion" against the country from holding federal office.

A majority of justices will argue that the disqualification clause for insurrection or rebellion does not specifically say that the president can be disqualified: The section names electors, officers of the United States, members of Congress, and judicial and executive officers of any state. The justices will argue that not including the president was not an oversight. No further explanation will be needed.  

Like everyone who believes in democracy, I hope the Supreme Court will allow states to keep Trump off the ballot. However, the likelihood of that outcome from the “politicians” on the high court is zero.  

Michael J. Gorman


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  • ppillet

    When was President Trump found guilty of insurrection by any court or Congress? That's right, he wasn't. It's only the shrill screaming of the Democrats that say he is guilty of an insurrection, an insurrection that the Democrats perpetrated. Nancy Pelosi was the one that denied extra security on January 6th. She was the person in charge of Capitol security and likely gave the order to allow the peaceful demonstrators into the Capitol and also likely the one to give the order to have them forcibly removed creating the conditions for violence.

    Thursday, January 11 Report this

  • krell1349

    Insurrection perpetuated by the Democrats? I think not. The world witnessed what happened on January 6th. This is fully Trump's fault. He will be found guilty for insurrection. He incited the mob. Pelosi has nothing to do with what happened that day. The mob that entered the Capital that day were NOT peaceful. They destroyed things and attacked the police. They wanted to hang Pence and if they found Pelosi, they probably would have killed her. Yours is a conspiracy theory. There are none so blind as those that will not see.

    Friday, January 12 Report this

  • reenjoe

    When I see opinions like those expressed by ppillet, I realized why Trump has so much support. How anyone can have seen January 6, 2021 and actually believe that Democrats had something to do with it? It also makes me wonder if folks like ppillet actually drank some sort of spiked Kool-aid or if they are waiting for a Heaven's Gate spaceship to come.

    PPillet please read the actual text of the14th Amendment. It doesn't require a conviction or even participation in an insurrection. All someone need do is give "aid and comfort" to those violating the U.S. Constitution to be ineligible for office if they once took an oath to protect the Constitution. That describes Trump's action on and after J6 to a tee. Trump called them "great people", "patriots" and "political prisoners". He has even said he will pardon them. That all adds up to aiding and comforting the enemies of the Constitution. If the SCOTUS follows the law, Trump will be removed from all state ballots. Unfortunately, at least 5 Justices will find some reason to let Trump run as the above letter suggests and that will be a miscarriage of justice.

    Friday, January 12 Report this