I disagree, the ruling only stated that legislation would have to be passed for a State to disqualify. It DOES NOT say that it would be required for a federal official to disqualify directly, which CAN mean, that a 14sec3 case brought directly to a federal court can prevail.
I disagree, the ruling only stated that legislation would have to be passed for a State to disqualify. It DOES NOT say that it would be required for a federal official to disqualify directly, which CAN mean, that a 14sec3 case brought directly to a federal court can prevail.
The Anderson case also wished to intercept ballots, a case that did not interfere with ballots, COULD STILL prevail.
Without overturning the precedent.
The supreme court simply does not have the power to bar the lower courts from a constitutional imperative already passed by 2/3 of congress. WHY WOULD YOU NOT at least ask them to?
There is plenty of ambiguity in the opinion, and at least 4 (enough for cert!), appear to have much to say about it, it should be littigated.
We need to stop asking what THIS court -would- do, and start asking it to actually do it, and see what happens.
Ben, STOP OBEYING in ADVANCE
I disagree, the ruling only stated that legislation would have to be passed for a State to disqualify. It DOES NOT say that it would be required for a federal official to disqualify directly, which CAN mean, that a 14sec3 case brought directly to a federal court can prevail.
The Anderson case also wished to intercept ballots, a case that did not interfere with ballots, COULD STILL prevail.
Without overturning the precedent.
The supreme court simply does not have the power to bar the lower courts from a constitutional imperative already passed by 2/3 of congress. WHY WOULD YOU NOT at least ask them to?
There is plenty of ambiguity in the opinion, and at least 4 (enough for cert!), appear to have much to say about it, it should be littigated.
We need to stop asking what THIS court -would- do, and start asking it to actually do it, and see what happens.
See my petition for certiorari, 24-617