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A brand new temporary from conservative former federal pass judgement on J. Michael Luttig and others strengthens the rising refrain of arguments on the Ideally suited Courtroom that Donald Trump is disqualified below the 14th Modification. And it does so via wielding an interpretative approach the GOP-majority prime court docket claims to make use of: textualism.
The temporary specializes in two textualist issues: “First, it would violate the rule of law and textualism for this Court to create an off-ramp to avoid adjudicating whether Mr. Trump is disqualified.” And 2d: “the terms of Section 3 of the Fourteenth Amendment disqualify Mr. Trump.”
Reminding the court docket of its accountability, Luttig’s temporary debunks Trump supporters' mentioned fear that his disqualification “would be weaponized against others by partisan state courts and state officials.” That’s an “anti-textual, policy argument” that has “no place in this Court’s constitutional jurisprudence,” is going the reasoning within the temporary. In enhance of that proposition, it cites none instead of the Dobbs resolution that overturned Roe v. Wade, by which the bulk claimed that “we cannot allow our decisions to be affected by extraneous influences.”
The temporary additionally will pay homage to the past due arch-conservative justice Antonin Scalia, arguing that the disqualification clause shouldn’t be construed narrowly. “A narrow construction to promote judicial restraint is just as bad as an ‘unreasonably . . . enlarged’ construction,” it says, mentioning a Scalia guide.
To make sure, not anything on this temporary or any others will bind the justices’ resolution within the case that’s set for oral argument Feb. 8. And naturally, the court docket may purport to investigate the problem thru any lens to achieve any consequence it likes. However like contemporary amicus briefs from historians that still enhance Trump’s disqualification, it’s a reminder that the court docket’s personal mentioned judicial strategies must lead it to confirm the Colorado Ideally suited Courtroom’s ruling towards Trump.
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