The court heard arguments about whether the former president’s attempts to subvert the 2020 election disqualify him from again holding office. Justices across the ideological spectrum questioned several aspects of a ruling from the Colorado Supreme Court.
Not sure why everyone around here thinks this okay to do because of "state rights." The argument makes sense...if a state can decide, according to their own definition, that someone shouldn't be allowed to be on a Presidential ballot, it will open the doors to chaos...
There's a long history of states deciding to keep people off the ballot for other reasons the Constitution disqualifies them, such as not being 35. It's also pretty common for minor-party candidates to only qualify for the ballot in some states.
You're talking about enforcing certain laws to keep them off, that's different than what Colorado's doing. Colorado is deciding on their own that Trump is guilty of something, and therefore, must be kept off the ballot. Our voting system can't allow states to determine who's guilty of what, and who to keep of the ballots, simply based on opinion.
Obviously they haven't issued an opinion, but their comments today make it clear what they're going to do
My point is that you can't put forth any authoritative argument on this matter when SCOTUS is just going to rule for Trump. And they ultimately decide what the Constitution means and does not mean.
Legally, they are sovereign over the interpretation of all aspects of the constitution. So saying that they're being hypocritical or are ignoring precedent isn't really relevant. They're allowed to do that.
It is true that the Constitution does not explicitly grant SCOTUS the power of judicial review. SCOTUS granted itself that power in Marbury v Madison, which was 225+ years ago
Libs should bring that up more often tbh. As should textualists, tbh