Scott Shields’ Post

Let’s get right to the point: this SCOTUS decision does not absolve Trump of multiple courts finding insurrection or of his alleged criminal conduct on Jan. 6 and throughout the 2020 election. The Court here is only addressing a narrow clause in the Constitution about how to administer ballot qualifications for federal offices. Section 3 is just one of the many qualifications the Constitution imposes on who can govern in our name, all of which are inherently democratic. It is as constitutional and reasonable a restriction as term limits and other presidential eligibility requirements. On the 14th Amendment issue, Trump will certainly attempt to claim some sort of exoneration. But we all saw with our own eyes that he incited a violent insurrection against the United States on Jan. 6. The other legal and criminal proceedings taking place at the state and federal level to hold Trump accountable for that will and should continue as expeditiously as possible. This decision shows the Supreme Court’s ability to take up cases expeditiously – when they want to, if the majority believes it will benefit their partisan goals. In the immunity case, where a petition for a writ of certiorari before the Court was first filed Dec. 11, 2023, a month before the Anderson petition, the Court has so far moved much more slowly–and that appears to be no coincidence.

This afternoon, Congress passed a new continuing resolution necessary to fund the government past the upcoming deadlines in the previous continuing resolution. Those deadlines were tomorrow (January 19) and February 2. The deadlines in the new measure are March 1 and March 8. This is the third continuing resolution passed in four months as extremist Republicans have refused to fund the government unless they get a wish list of concessions to their ideology. Today’s vote was no exception. Eighteen Republican senators voted against the measure, while five Republicans did not vote (at least one, Chuck Grassley of Iowa, is ill). All the Democrats voted in favor. The final tally was 77 to 18, with five not voting. In the House the vote was 314 to 108, with 11 not voting. Republicans were evenly split between supporting government funding and voting against it, threatening to shut down the government. They split 107 to 106. All but two Democrats voted in favor of government funding. (In the past, Jake Auchincloss of Massachusetts and MIke Quigley of Illinois have voted no on a continuing resolution to fund the government in protest that the measure did not include funding for Ukraine.) -Heather Cox Richardson

Today we watched the workings of a very diligent group of Justices, who each have their own personal or political bends in life, nonetheless they appeared to be focused on the law rather than emotions and political speculative agenda. For me, it was entirely enlightening and assuring in that the SCOTUS is - when push comes to shove - an apolitical body. The arguments were impressive and encouraging that we are a nation of laws and we do best when we adhere to the US Constitution for our existence. I would argue that the true insurrectionist behavior is found in the judicial system of a few in CO and in their AG, further, the actual insurrection against constitutional law and the people in general, was perpetrated by the Maine Secretary of State. These two cases reveal the sinister motives of people drunk on ill perceived power and on their unjust causes. As for Maine, I believe our SoS should step down in shame. Granted the CO attorney, arguing before the SCOTUS did a great job, with the little he had, with his argument - albeit not persuasive. I believe the ruling may come down 9/0 or at worst 8/1 - and that would be a win for the country - and certainly for any sitting President in the opposite camp. The unintended consequences of just rabble rouser activity would be forever damaging to our nation - and should be spiked in its heart quickly. IMHO-My own thoughts and not that of many, to be sure, but plenty enough!

Today's session began about 10am this morning with a daunting lineup of legislative bills awaiting consideration. With 44 bills on their third reading and a whopping 66 on their second, it was clear from the outset that it was going to be a marathon day on the floor. As the clock ticked away, hours passed, and the legislative agenda seemed unyielding. Despite the tireless efforts of legislators, at 2:30 this afternoon, we find ourselves still entrenched in the chamber, with a significant portion of bills yet to be addressed. Remarkably, despite the progress made, there are still 16 bills remaining on their third reading, while the count for those on their second reading remains steadfast at 66. It's becoming increasingly apparent that today's session is destined to be a lengthy affair. As legislators debate, negotiate, and deliberate over each bill, the gravity of the responsibility they bear becomes ever more evident. Every decision made in this chamber has the potential to shape the lives of countless individuals and communities. Yet, amidst the exhaustion and the seemingly endless stack of legislation, there's a sense of duty and commitment that permeates the chamber. Each lawmaker remains steadfast in their resolve to fulfill their obligations to their constituents and uphold the principles of democracy. While the day may be long and arduous, it is a testament to the dedication and diligence of those who serve in our legislative bodies. As we continue to navigate through the remaining bills, it is with a renewed appreciation for the tireless efforts of our elected representatives and their unwavering commitment to the democratic process.

🌟 Did you know? The Legislature is the branch of government responsible for making laws and representing the people’s interests. 🏛️✨ It consists of elected officials who debate, draft, and vote on legislation that affects the nation, state, or local communities. In the U.S., the legislature is divided into two main parts at the federal level: the Senate and the House of Representatives, together forming Congress. At the state level, most legislatures have a similar structure, with a Senate and a House or Assembly. Understanding the role of the legislature helps us see how laws are created and how our elected representatives work to shape public policy. Know your power! 🗳️ #Legislature #Civics101 #TheFUNManifesto

What I find interesting is the legal issue that was accepted for review: "Did the Colorado Supreme Court err in ordering President Trump excluded from the 2024 presidential primary ballot?" This is incredibly broad and allows for consideration of every possible issue related to Section 3, whether Colorado acted with due process and followed its election statues, and perhaps whether Trump engaged in an insurrection. The Court likes a narrow, specific issue. Here they have a lot of exit ramps to choose from, and a way to get to at least a 7-2 decision.

Twelfth Amendment Twelfth Amendment Explained The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;–the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;–The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President.–]The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Keep this link saved for easy reference - I can't tell you how many times I get asked these questions and have to look them up during Session.

As many have predicted (including myself), the Supreme Court is wading into the 14th Amendment fracas over Donald Trump. https://lnkd.in/gaGrnWSp Three facts are indisputable here: 1 - Donald Trump was acquitted in his second impeachment trial of inciting an insurrection. 2 - Jack Smith declined to indict Donald Trump either for insurrection or seditious conspiracy in connection with the events of January 6, 2021. 3 - No one arrested in conjunction with the J6 riot has ever been charged with insurrection. Legally speaking, there was no insurrection and thus Donald Trump cannot be an insurrectionist. That alone invalidates any effort to apply Section 3 of the 14th Amendment to him. Further, every such action by any state is an unconstitutional bill of attainder which is explicitly prohibited by Article 1 Sections 9 and 10 of the Constitution. Until Donald Trump is tried and convicted of insurrection, the 14th Amendment cannot be brought to bear. Hopefully, the Supreme Court will see this and rule accordingly.