The Supreme Court's decision in Bush v. Gore was among the most controversial in U.S. history, as it allowed the vote certification made by Florida Secretary of State Katherine Harris to stand, giving Bush Florida's 25 electoral votes.
@RememberUsAlways I remember & I'm still pissed
@RememberUsAlways The disqualification is based on an interpretation of the US Constitution. Just as with Colorado, once (and if) the Maine appellate system has done its work, it is ripe for appeal to the US Supreme Court.
I'm not sure there is anything to "appeal" in this decision by the Maine Secretary of State.
She may be sued or challenged but there is no legal decision to appeal here.
@RememberUsAlways I imagine the appeal would be based on the reasoning she laid out to support the decision.
Should it be shown that either her reasoning is faulty or her factual basis is incorrect, the decision would be a violation of due process under state law, which is a federal requirement, and the appeal would have teeth.
It's one thing to say that under state law I have discretion, but another to say I used my discretion based on x, y, and z, which turned out to be faulty.
@pomCountyIrregs
@volkris @RememberUsAlways That is the linchpin, the conflict between the state “punishing” for insurrection without getting a guilty verdict for the crime through trial.
Colorado’s finding of facts via court trial, if it survives Supreme Court review, will be especially powerful next Fall were the Republicans hubristic enough to nominate a possible felon and sexual assaulter for the office.
Robert E. Lee was never tried, so a review of acts might be sufficient for the determination.
@pomCountyIrregs Yep, and that's the GIANT unsettled question and the heart of this: Who gets to decide the finding of fact that is in dispute?
There are other disputed issues here, but that's the big one.
@RememberUsAlways
Regarding Citizen's United, there was and is SO MUCH misinformation out there about what the case actually involved and what the Court actually said.
In short, if you and me want to pool our cash to pay for a billboard to broadcast our message, the FEC was threatening to block that.
Citizens United was all about saying no, the US government has no right to stand in the way of people organizing like that, especially because wealthy people have that ability regardless, and such restriction really serves their interests at the cost of ours.
Kennedy's opinion was his normal level of poetry and really goes through expressing that stance of the court, but too few people actually sit down and read it.
@volkris @RememberUsAlways One last thought. Trump’s suggestions of possible pardons and “political prisoners” would suggest that giving comfort and aid to insurrectionists would be an easy reach for disqualification.
But then, I thought Citizens United was absurd because the owners of the corporation have full freedom of speech rights, and the law, regarding an entity created by tax codes, was perfectly fine and not obstructive of speech. So, shrug.
Have a good day and happy new year.