Age must be proven by evidence in court. Citizenship must be proven by evidence in court. And courts could vary on those opinions, depending on the facts presented in each court.It's 9-0 that Colorado can't disqualify Trump.
— Steve Vladeck (@steve_vladeck) March 4, 2024
But only five justices hold that the *only* way to enforce Section 3 against federal officeholders/officeseekers is through a statute enacted by Congress. The other four wouldn't (and don't) reach that question.
So 5-4 on breadth.
But this can’t be proven in court. Because: reasons.
I wonder how the Court would rule if a state court had adopted the “birtherism” argument and struck Obama from a state ballot.
I just find this argument very weak.
And the majority argument that Congress has to take care of it when the question is raised is a vet political (not necessarily partisan) way to try to dodge the appearance of “playing politics” with this decision. IOW, it’s political in the worst way.
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