Arguing In Circles

If Democrats can keep Trump off the ballot for trying to overthrow the government, imagine what they can do to you.

— New York Times Pitchbot (@DougJBalloon) January 2, 2024

Trump to rely on 'linguistic gymnastics' to beat ballot removals at Supreme Court: exper thttps://www.rawstory.com/trump-linguistic-gymnastics-ballot/

— Raw Story (@RawStory) January 3, 2024

The arguments Trump lays out, according to Honig, include fighting jurisdiction — namely that Congress not states should be the proper venue to determine this issue, blaming the state for not following its "its own procedures," claiming Secretary of State Shenna Bellows "should have recused herself," and that even the forms Trump filled out to get on the ballot apparently failed to mention the 14th Amendment.

In the end, Honig, who said he believes Trump engaged in insurrection back on Jan. 6, 2021, maintains Trump's best shot is procedural. "I think the procedural arguments is where this will be resolved," he said. "When we see the higher courts, including the U.S. Supreme Court take this up, they are going to answer these questions, which, by the way, we don't know." 

"This is completely uncharted territory," he said. "I think the Supreme Court will answer first: is it up to Congress, which has not acted about how the 14th Amendment should work, or is it up to the states?" 

"If it's up to the states did they follow their own procedures and did they provide enough due process? This will be settled on the latter grounds of procedural questions."

I guess states can’t decide who qualifies to be on their ballot based on age or citizenship, either. That will basically upend the system. 

And why does the 14th need implementing legislation? Is due process and equal protection not enough? Maine’s SOS conducted a hearing, and suspended her decision so the parties could appeal to Maine courts. Where is the constitutional infirmity? Is it because we’ve never faced this situation before? States have validly denied ballot access to non-citizens (those not born citizens, I mean) or age, without any constitutional concerns. What is different about the 14th?

To the extent the Supreme Court decides the process in Colorado was sufficient or insufficient, it would not be a problem for them to weigh in; so long as they remand the case to Colorado for proceedings consistent with their opinion, if that’s what is needed. As I’ve already argued, to make this one criterion, necessary in only these most extraordinary of circumstances, the only one that must be decided by Congress (how?) or by the Supreme Court alone, completely undoes the system of elections in this country for, effectively, one man alone.

That would be a very bad precedent, indeed.

Honig comes down on the procedural issues as the right basis for resolving this issue. I agree. I think that’s the only way to properly resolve it.

Trump appeals Maine Secretary of State's decision to remove him from the state's primary ballot.

Among other grounds, he argues that the SOS should have recused herself for "bias," that he was denied due process, & that Section 3 is not self-executing.https://t.co/AB0kZuVjtc

— Anna Bower (@AnnaBower) January 2, 2024

The only sensible argument there is the due process challenge, but that depends on how they make it, since the suit challenging the ruling IS due process.

If sec. 3 is not self-executing, what would the statute look like to execute it? Disqualification only after due process of law? Isn’t that what we have now?

I’m not arguing with Honig, but with the framing of news reports. Trump is not making any legal arguments in public (and precious few in court!). He’s spouting nonsense and it’s being reported as “strategy.” Just stop it.