• grue@lemmy.world
    link
    fedilink
    English
    arrow-up
    16
    arrow-down
    1
    ·
    1 year ago

    I can’t read the article because paywall, but I assume this ruling is based on the fact that political parties are “technically” private entities and therefore primaries are “technically” legally-meaningless private contests that said parties can run however they want.

    Which is all bullshit, of course – if political parties were truly private then they wouldn’t get any support from the state whatsoever to run their fake elections, for starters – but just goes to show how their corruption and power lets them (as de-facto government entities) get away without accountability or oversight.

    • agent_flounder@lemmy.world
      link
      fedilink
      English
      arrow-up
      11
      ·
      edit-2
      1 year ago

      Judge James Robert Redford of the Court of Claims in Michigan said that the disqualification of a candidate through the 14th Amendment “is a nonjusticiable, political” issue and that it was up to Congress, and not the courts, to settle the matter.

      Basically he said insurrection can’t be defined by the court system…

      Sounds a lot like passing the buck. Or taking a page out of the SCOTUS playbook.

      • MagicShel@programming.dev
        link
        fedilink
        arrow-up
        2
        ·
        edit-2
        1 year ago

        If the court can’t define it, that just means they can’t argue with whatever definition the state government uses.

    • RupeThereItIs@lemmy.world
      link
      fedilink
      arrow-up
      3
      arrow-down
      1
      ·
      1 year ago

      Nope. Michigan primaries are run by the state like any other election.

      We have open primaries, anyone who’s registered to vote can vote in our primaries.

      My guess is Trump’s not been convicted of acts that would disqualify him.

      This was always a flimsy case, without a conviction that we should already have.

      • MagicShel@programming.dev
        link
        fedilink
        arrow-up
        2
        ·
        1 year ago

        Wasn’t the law originally applied to folks who weren’t convicted? That would make requiring a conviction wrong.

        • RupeThereItIs@lemmy.world
          link
          fedilink
          arrow-up
          2
          arrow-down
          1
          ·
          1 year ago

          It was after the civil war, a general amnesty had been declared nobody was being tried.

          Furthermore they where obviously guilty, with a serious paper trail of a rebal government to back up their guilt.

          Trump is garbage who defied his oath and committed treason… But he still deserves a trial first. And that trial should have already completed.