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I think the Supreme Court is gonna come down on the side of not letting states determine who gets put on the ballot. It’s way too destabilizing (in a “bad for capital” kind of way) because once you open that door every state with a trifecta in state govt is gonna remove the opposing presidential candidate, guaranteed. Well, the GOP will at least.
I have theories based on shitty premises:
Worst thing that could happen - supreme court allows it, leftists put people in a state government and the fucking gestapo comes in and goes really mask off with the crumbling democracy
Therefore the funniest thing that could happen - libs respond to gestapo singing Hamilton songs. It causes the supreme court to change their mind but not before all the leftists close to power are ousted
I think the most likely thing the US supreme Court will say is:
Ah, not so fast, he wasn't convicted. And yeah not everyone in the civil war was convicted but this is the most important guy. You can only do this to presidents who have been convicted. We're even being fair, you see, because Florida or whoever has to put Biden back on the ballot!
Surely the STATES RIGHTS gutterremoved will shriek about this being an authoritarian Big Government move, right? Because they're always on about small government... right?
Sure but how will the court enforce that ruling?
The body that decides when the scotus has jurisdiction is scotus. If the states choose to disobey a scotus ruling then either Biden sends in the army to enforce it OR red states simply don’t list Dems and blue states simply don’t list GOP and we wind up with an Avignon president.