A non-lawyer's question for #lawfedi :
I understood that the US Supreme Court ruled that state election officials could not keep candidates off the ballot based on the 14th Amendment's insurrection clause, but doesn't article 3 still require a 2/3 majority vote of Congress to allow an insurrectionist, having won election, to take office? And the finding that Trump supported insurrection was a finding of fact by the Colorado court?
What am I missing to explain the lack of challenges now?
@tawtovo What the SCOTUS ruled was that a state court could not make such rulings on federal law. It required some federal official to make the finding of federal law.
The state court's ruling was out of line. It was welcome to rule on state law, of course, but not on federal law.
So the CO court's finding was simply invalid and moot.
BUT, Congress is welcome to make that ruling, that that's a great place to adjudicate this, through the Electoral Count Act, as EC ballots are counted on Jan 6th.
Unfortunately, it's politically problematic for politicians to even recognize that possibility, so they won't talk about it.
