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Further Thoughts on DC Appeals Court Ruling Against TFG Today (with Poll) [1]

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Date: 2024-02-06  

First the standard disclaimer that IANAL, and legal issues aren’t really in my wheelhouse, but one thought I’ve had in digesting this momentous and overwhelming ruling against TFG’s immunity claims is that this bullet-proof decision makes it exceedingly unlikely that the USSC will even deign to take up the inevitable appeal (and TFG’s legal team was given just 1 week to file such an appeal). Likewise, they can’t try to further run the clock out by appealing to the entire DC Appeals Court en banc first because the original stay on judicial proceedings in his case will also expire in 1 week unless the USSC itself actually takes the appeal.

As far as the USSC is concerned, only Thomas (and possibly Alito) would be the least bit interested in helping out TFG here, and at least 4 Justices would be needed to actually take the appeal. Even better, if the USSC refuses to take up the case and just lets the Appeals Court ruling stand, this could be an early indicator that they also might be willing to allow that Section 3 of the 14th Amendment really does apply to TFG, and that he can indeed be kept off the ballot in November as an insurrectionist — or at the very least throw it back to the states and allow rulings like the Colorado SC to stand. All-in-all, a really great start to a gloriously sunny mid-winter (but feels like spring) day here in next-door Virgina!

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[1] Url: https://www.dailykos.com/stories/2024/2/6/2154312/-Further-Thoughts-on-DC-Appeals-Court-Ruling-Against-TFG-Today-with-Poll?pm_campaign=front_page&pm_source=trending&pm_medium=web

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