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   Teri Kanefield (teri_kanefield@mastodon.social)'s status on Friday, 19-Jan-2024 09:40:20 JST Teri Kanefield

   Two amicus briefs were filed in the keep-Trump-off-the-ballot case.

   This is from Ted Cruz and pals:

   https://www.documentcloud.org/documents/24366911-011824-brief-of-us-senator-ted-cruz-majority-leader-steve-scalise-and-177-other-members-of-congress-as-amici-curiae-in-support-of-petitioner-donald-j-trump?responsive=1&title=1

   Cruz and friends adopt a standard strategy: include everything in the hopes that something sticks.

   This one is from Rick Hasen (election lawyer) and a few others:

   https://www.supremecourt.gov/DocketPDF/23/23-719/297014/20240118112848137_23-719.Amicus.Foley.Ginsberg.Hasen.pdf

   For my 2 cents worth: Start with my explainer here: https://terikanefield.com/section-3-and-the-spirit-of-liberty/

   Pay attention to my analysis of Question 1 (which I think is the strongest argument in Trump's favor)

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   • Embed this notice
     Teri Kanefield (teri_kanefield@mastodon.social)'s status on Friday, 19-Jan-2024 10:14:43 JST Teri Kanefield

     in reply to

     Hasan says that yes, Congress has the ability to remove the disability, but in the past when it did so (after the Civil War) there was never a finding that there had been an insurrection.

     I don't think it would have occurred to anyone after a bloody Civil War to make a formal fact finding that there was a rebellion.

     Hasan also talks about "concurrent jurisdiction" but it gest murky.

     Anyway, Cruz argument 1-B seems to me the easiest way out for SCOTUS, if SCOTUS wants out.

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     Tim Chambers repeated this.
   • Embed this notice
     Teri Kanefield (teri_kanefield@mastodon.social)'s status on Friday, 19-Jan-2024 10:14:43 JST Teri Kanefield

     in reply to

     If you want to ask a question, make sure you read my blog post first.

     Thanks.

     It's here: https://terikanefield.com/section-3-and-the-spirit-of-liberty/

     I am talking about one particular argument, the argument that I think is the strongest in Trump's favor.

     If SCOTUS decides for Trump on that issue, the Court will not have to reach any other issues.

     That's why it's the easiest way out for them.

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   • Embed this notice
     Teri Kanefield (teri_kanefield@mastodon.social)'s status on Friday, 19-Jan-2024 10:14:44 JST Teri Kanefield

     in reply to

     Then read Cruz argument 1-B (pages 9 - 11)

     This is where Cruz and friends lay out the argument I explained.

     Cruz says (1) Congress has the power to remove the disability, (2) section 3 doesn't prevent a person from running for office, and (3) keeping Trump off the ballot denies Congress its power under section 3.

     I am not sure that Hasan ever effectively refutes that point.

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