Supreme Court Justice Amy Coney Barrett triggered fierce backlash from MAGA loyalists after forcefully questioning the Trump administration’s top lawyer and voicing skepticism over ending birthright citizenship during a heated Supreme Court argument.

Since taking office, Donald Trump has pushed for an executive order to end birthright citizenship, a constitutional guarantee under the 14th Amendment that grants automatic U.S. citizenship to anyone born on American soil.

During oral arguments, Barrett confronted Solicitor General Dean John Sauer, who was representing the Trump administration, over his dismissive response to Justice Elena Kagan’s concerns. Barrett sharply asked whether Sauer truly believed there was “no way” for plaintiffs to quickly challenge the executive order, suggesting that class-action certification might expedite the process.

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-6 points

Had he actually been tried and convicted of an insurrection, that would matter.

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13 points

Which, I mean, a court did find him responsible for the insurrection, but I suppose that doesn’t matter to you.

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2 points
*

I wish that were true. Not only was he not convicted of having anything to do with an insurrection, he wasn’t even charged with it. His attempt to remain in power is not the same as an attempt to overthrow the current power of the government.

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/jack-smith-didnt-charge-donald-trump-insurrection-rcna187578

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1 point
*

It IS true.

Anderson v. Griswold:

2023 C O 63 No. 235A300, Anderson v. Griswold - Election Law - Fourteenth Amendment - First Amendment - Political Questions - Hearsay. In this appeal from a district court proceeding under the Colorado Election Code, the [Colorado] supreme court considers whether former President Donald J. Trump may appear on the Colorado Republican presidential primary ballot in 2024. A majority of the court holds that President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment to the United States Constitution. Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate on the presidential primary ballot. The court stays its ruling until January 4, 2024, subject to any further appellate proceedings.

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5 points

Where does it say that a conviction is required? Self-executing.

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2 points

Exactly. I’d doesn’t say convicted of participating in an insurrection. It says if you participate in an insurrection you are automatically intelligible for office unless the disability is removed by congress.

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1 point
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The Fifth Amendment.

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…”

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2 points

Disqualification from holding office is not punishment for a crime. If it were, everyone under age 35 would have a 5th Amendment argument to make.

Try again.

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1 point

There’s a difference between being thrown in jail without a trial and… Being barred from the highest office of the country - a position of public service.

You have a right to freedom, not to a specific job

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1 point

The fifth amendment doesn’t apply to impeachment, nor does it in the event of ballot qualifications. Like, the 5th amendment doesn’t apply to age restrictions on holding public office.

The law says,“If you engaged in insurrection, you are ineligible to hold federal office”. Just like is says,“If you are under 35, you are ineligible to hold the office of President”.

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