01-07-2024, 03:43 PM
(01-07-2024, 03:19 PM)Belsnickel Wrote: I mean, they are partisan judicial activists, all of them. It will be interesting to see the way this turns out because in all sincerity, the originalist viewpoint of the law would keep Trump off of the ballots. Specifically, Maine's SoS cited a prior ruling from Gorsuch that stated the state would have the authority to make the decision, as well. I fully expect the so called originalists--Barrett, Gorsuch, Kavanaugh, and Thomas--to engage in judicial gymnastics to justify keeping Trump on the ballot and taking the power away from the states, but that is just the state of things these days.
FWIW, I don't expect any justice to hold onto any self-proclaimed legal position in the face of such a conundrum. This is just one of those times where it is the originalists that will be faced with the cognitive dissonance they have to resolve.
No, no, no Bel. They're only judicial activists when they disagree with you. Not you specifically, but generally.