Listen to Justice Jackson's Questioning About Whether the Officer Provision Even Applies to Trump

Date:

Share post:



b82ffe24 a062 4afa 8686 de2b2b23c9e9

We reported earlier about the oral arguments happening in front of the Supreme Court on Thursday regarding the 14th Amendment challenge to former President Donald Trump’s inclusion on the Colorado primary ballot in Trump v. Anderson

I’ll preface this by saying you can’t necessarily tell how Supreme Court justices will decide a case based on the questions that they ask in oral arguments. Sometimes, they’re pressing people to firm up thoughts in their own minds, and they may be heading in the opposite direction. 

But that said, it was fascinating to see some of the best questions come from the liberal wing of the Court, particularly Justice Elena Kagan and Justice Ketanji Brown Jackson.

As George Washington law professor Jonathan Turley observed, some of the most skeptical came from the liberal justices. 

Jackson’s most interesting questions centered around the officer provision. I bolded the relevant part: 

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

In order for the provision to apply to Trump, you would have to decide he was an “officer of the United States” within the meaning of this term. That was the part that Jackson had an issue with, and if it doesn’t apply, then the case goes away, and he can’t be disqualified under it. 

Here’s what Jackson asked when she grilled Jason Murray, the attorney who was representing the Colorado voters who are challenging Trump’s eligibility. 

She notes they did not include “president” in the plain language while they were listing people.

“They were listing people who were barred [from office under the 14th amendment], and ‘president’ is not there,” she said. “Why is that?” His response did not appear to satisfy her. 

Jackson pressed on, noting if it isn’t in the plain language, and there is an ambiguity, why would you construe it against “democracy,” i.e., denying millions of people the right to vote for the candidate of their choice?

Great questions. 

I think this isn’t going to go well for the folks trying to ban Trump here. If I were going to guess, I would think the majority would go with Trump, although, as I noted, you can’t assess things from the questions. But the justices really sounded like they weren’t buying the ban Trump side. 





Source link

Lisa Holden
Lisa Holden
Lisa Holden is a news writer for LinkDaddy News. She writes health, sport, tech, and more. Some of her favorite topics include the latest trends in fitness and wellness, the best ways to use technology to improve your life, and the latest developments in medical research.

Recent posts

Related articles

Feel-Good Friday: 'Operation: Coming Home' Gives the Keys to a New Home to an Army Sergeant's Widow

If you think home ownership is out of reach for the average American, imagine what it is...

Biden New Comments on Meeting With Hunter Associates Are Incredible, Given Testimony of Hunter, Others

Joe Biden was heading out to Marine One to go to Camp David on Friday afternoon for...

'I Would Be Open to That': Tulsi Gabbard Throws Her Hat In for Trump's VP Pick

The likelihood of former Democratic Congresswoman Tulsi Gabbard becoming Donald Trump's running mate is rising by the...

'It Gives Them a Release': Democrat State Senator Suggests Giving Child Sex Dolls to Pedophiles

Lawmakers in Kentucky sat and watched in absolute disbelief as a Democratic state Senator proposed giving child...

More Bad News for Fani Willis As Megyn Kelly Drops One Final Surprise in Disqualification Matter

Attorney Terrence Bradley, the former partner of Nathan Wade, finally had to testify this week after trying...

Haley Gives Legacy Media the Soundbite They Wanted on Trump and the Constitution

Nikki Haley must have realized that both GOP presidential primary opponent and former President Donald Trump and...

WATCH: Climate Activist Tries to Accost Joe Manchin and Quickly Finds Out

There is no more annoying human being than your average "climate change" activist, a fact Joe Manchin...

2024: The Biden Campaign Knows It's on a Losing Path

Day by day, poll by poll, embarrassing gaffe by embarrassing gaffe, things just keep getting worse for...