The scenario is impossible in the House more than in the Senate, but the hypothetical is about how SCOTUS would react. It’s more of a “How fucked is this SCOTUS?” than “Hey could we keep him off the ballot this way?”
It was 9-0 to put him on the ballot, it was 5-4 to effectively revoke Section 3 of 14A.
5-4 had a really good premium episode on the Colorado “sorry, insurrectionists can be on the ballot” ruling. One ominous thing they pointed out that I haven’t seen covered (though I haven’t read about this case that exhaustively) was this passage near the end of the decision (section 3 = the insurrectionist section):
Michael suggests this is the majority granting themselves permission to submarine attempts to hold Trump accountable at basically any time. After all, what if it might nullify the votes of millions? What if it might change the election result? They’re gonna do everything they can to delay consequences until after the election, and then after the election say “sorry, America has voted, it’s too late now”.
On the one hand I do think it should be handled before the election, on the other the Amendment doesn’t say that, they’re just adding it. And if they’re just going to add stuff because it feels right, he’s an insurrectionist and they should have kicked him off the ballot.
But at the end of the day they were never going to allow it to happen after the election. Dems moved too slow on all this stuff.
So the end result is that when liberals bring lawsuits they will be randomly assigned, but when conservatives bring them, they’ll be guaranteed a conservative justice. A big win for the wealthy/establishment. Good job, eDems!
