Not knowing US constitutional law, it seems to me the SCOTUS decision might mean that the Dems missed an opportunity when they had the house
That it’s a federal matter seems legally predictable/natural to me, and that it then falls to congress to enforce then also seems natural.
What am I missing on that?
Otherwise, what would the Dems have had to lose by passing an act when they had the house? The 14th was right there.
@maegul @politics Congress couldn’t do anything after January 6th, because that would be an ex post facto law which is forbidden by the Constitution. You could maybe fault the Justice Department for not charging him under the one specific law ( 18 U.S.C. § 2383 ) which apparently works to disqualify under this ruling. Of course, if the facts were different they would have divined some other interpretation of the 14th Amendment.
@jonnix @politics
Interesting. How could congress ever enforce this under 14A,s5?