11 votes

Weekly US politics news and updates thread - week of March 4

This thread is posted weekly - please try to post all relevant US political content in here, such as news, updates, opinion articles, etc. Extremely significant events may warrant a separate topic, but almost all should be posted in here.

This is an inherently political thread; please try to avoid antagonistic arguments and bickering matches. Comment threads that devolve into unproductive arguments may be removed so that the overall topic is able to continue.

13 comments

  1. [6]
    psi
    (edited )
    Link
    "Supreme Court keeps Trump on ballot, rejects Colorado voter challenge." The Washington Post. (gift link) Edit: you can read the opinion here. If you want to understand the differences between the...

    "Supreme Court keeps Trump on ballot, rejects Colorado voter challenge." The Washington Post. (gift link)

    The Supreme Court on Monday unanimously sided with Donald Trump, allowing the former president to remain on the election ballot and reversing a Colorado ruling that disqualified him from returning to office because of his conduct around the Jan. 6, 2021, attack on the U.S. Capitol.

    Edit: you can read the opinion here. If you want to understand the differences between the majority's opinion and the minority's concurrence (Sotomajoy, Kagan, and Jackson), you should flip to page 15.

    Essentially, the minority concurrence agrees that it would be inappropriate for a single state actor to play such a monumental role in shaping the outcome of a national election. This reasoning is sufficient to decide the case, and so the liberal Justices would have left the decision at that. Indeed, as a jab at their more conservative colleagues, they quote from Dobbs as if to drill this point home:

    “If it is not necessary to decide more to dispose of a case, then it is necessary not to decide more.”

    Dobbs v. Jackson Women’s Health Organization, 597 U. S. 215, 348 (2022) (ROBERTS, C. J., concurring in judgment).

    However, the per curiam decision goes further than this -- it argues that Section 3 of the Fourteenth Amendment is not "self-executing", i.e. the Court has ruled that Section 3 may only be enforced through federal legislation. The liberal Justices point out that this is nonsensical:

    Section 3 provides that when an oathbreaking insurrectionist is disqualified, “Congress may by a vote of two thirds of each House, remove such disability.” It is hard to understand why the Constitution would require a congressional supermajority to remove a disqualification if a simple majority could nullify Section 3’s operation by repealing or declining to pass implementing legislation.

    They further argue that there is little historical evidence to support this reading of the Fourteenth Amendment and that

    [i]n a sensitive case crying out for judicial restraint, [the majority] abandons that course.

    Justice Barrett has also submitted a concurring opinion, agreeing with the liberal Justices that the excursion into whether Section 3 is "self-executing" was an unnecessary diversion by the majority. However, rather than criticize the majority, she instead pleads for civility:

    In my judgment, this is not the time to amplify disagreement with stridency. The Court has settled a politically charged issue in the volatile season of a Presidential election. Particularly in this circumstance, writings on the Court should turn the national temperature down, not up. For present purposes, our differences are far less important than our unanimity: All nine Justices agree on the outcome of this case. That is the message Americans should take home.

    11 votes
    1. [5]
      NomadicCoder
      Link Parent
      Unanimous? WTF?!? I never expected that. What does Putin have on them?

      Unanimous? WTF?!? I never expected that. What does Putin have on them?

      2 votes
      1. [3]
        updawg
        Link Parent
        Nothing. Calm down. The whole point of the amendment was to remove power from the states after the Civil War. This is the right call. It has nothing to do with whether or not Trump committed an...

        Nothing. Calm down. The whole point of the amendment was to remove power from the states after the Civil War. This is the right call. It has nothing to do with whether or not Trump committed an insurrection and everything to do with the fact that states should not be able to singlehandedly invoke an amendment that was implemented to give the federal government more control of elections following the Civil War.

        The court’s three liberal justices signed on to the decision, agreeing that a state cannot invoke Section 3 to keep a presidential candidate off the ballot because that would “create a chaotic state-by-state patchwork, at odds with our nation’s federalism principles.” But they noted that they disagreed with how far the majority went: “We cannot join an opinion that decides momentous and difficult issues unnecessarily, and we therefore concur only in the judgment.”

        12 votes
        1. [2]
          NomadicCoder
          Link Parent
          So are you arguing that states cannot unilaterally enforce the other limitations? That makes no sense to me. Does congress have to get involved for every person who tries to run who isn't...

          So are you arguing that states cannot unilaterally enforce the other limitations? That makes no sense to me. Does congress have to get involved for every person who tries to run who isn't qualified?

          (For example, Cenk... why is he on the ballot? He should also be removed)

          3 votes
          1. Eji1700
            Link Parent
            You should probably read the actual decision because that's what he's quoting, not arguing.

            You should probably read the actual decision because that's what he's quoting, not arguing.

            8 votes
      2. Eji1700
        Link Parent
        Nothing. Just about every single person of any knowledge commenting on the subject expected much the same. There was 0 way a potential president would be kept off the ballot without serious...

        Nothing. Just about every single person of any knowledge commenting on the subject expected much the same. There was 0 way a potential president would be kept off the ballot without serious evidence or precedence. "well technically if you read it this way" was not going ever going to fly.

        8 votes
  2. [2]
    Comment deleted by author
    Link
    1. eggpl4nt
      Link Parent
      The so-called "most progressive president ever" still doesn't support women having a right to their own bodily autonomy. The bar is in hell.

      The so-called "most progressive president ever" still doesn't support women having a right to their own bodily autonomy. The bar is in hell.

      4 votes
  3. [2]
    skybrian
    Link
    There's an election in California (and many other states) on Tuesday. For those of us studying up at the last minute, the Cal Matters voting guide seems pretty good? (Though unfortunately, it only...

    There's an election in California (and many other states) on Tuesday. For those of us studying up at the last minute, the Cal Matters voting guide seems pretty good? (Though unfortunately, it only covers a few key races.)

    Any other recommendations?

    3 votes
    1. boxer_dogs_dance
      Link Parent
      I miss the one the League of Women voters used to prepare Sorry don't know

      I miss the one the League of Women voters used to prepare

      Sorry don't know

      2 votes
  4. skybrian
    Link
    TikTok tries a radical new tactic against Congress (Politico) ... ...

    TikTok tries a radical new tactic against Congress (Politico)

    The alert was sent to the phones of TikTok users whose House members were on the Energy and Commerce Committee, according to a person familiar with the campaign. The committee was voting on the bill Thursday. Users got a pop-up alert saying, “TikTok is at risk of being shut down in the US. Call your representative now.” They also got a link to a website describing the law as “the TikTok ban.”

    The measure would force Beijing-based ByteDance to sell TikTok or face a ban on U.S. app stores.

    TikTok users flooded some congressional offices with dozens of calls. Results were mixed: Some staffers dismissed the callers as uninformed, or as pranksters, or as “teenagers and old people saying they spend their whole day on the app.” Some predicted it could cause a backlash.

    ...

    But others reported sincere feedback: “We’re bombarded. We’re hearing everything from kids saying, ‘This is my life, don’t ban TikTok,’ to people saying, ‘I am a content creator, I really would like my representative to know the impacts this is having on me,’” said a Democratic staffer for a ranking member on the House Energy and Commerce Committee.

    The calls didn’t work on the committee: It voted 50-0 to advance the bill on Thursday.

    ...

    The bill is moving at warp speed by Capitol Hill standards, after lawmakers’ attempts to ban the app failed last year. After Thursday’s vote, it will move to the House floor, where House Speaker Mike Johnson has endorsed the bill.

    The bill has 20 bipartisan cosponsors as well as White House support — more backers than any previous legislative effort to date.

    However, it could still be difficult for the bill, known as Protecting Americans from Foreign Adversary Controlled Applications Act, to gain traction, given the partisan politics of the House and no current supporters in the Senate.

    3 votes