Supreme Court might give election to Trump

Discussion in 'Elections & Campaigns' started by Robert Urbanek, Jul 21, 2019.

  1. Robert Urbanek

    Robert Urbanek Active Member

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    Several Democratic-controlled state legislatures are working on laws to require presidential candidates to file copies of their tax returns with the state to qualify for the ballot, a move directly aimed at Trump, who has refused to disclose his income tax forms.

    The Supreme Court has already struck down state-legislated term limits on senators and congressmen. In U.S. Terms Limits Inc. v. Thornton, Justice John Paul Stevens wrote, “If the qualifications set forth in the text of the Constitution are to be changed, that text must be amended.” Presumably, that obstacle with states meddling in congressional qualifications would also apply to presidential standards.

    However, Laurence Tribe, a Harvard University law professor, said the tax filing requirement is “not an interference with any federal prerogative, nor does it filter out in advance any set of presidential candidates who meet the Constitution’s age, residence, and other qualifications.”

    Source: https://newrepublic.com/article/147310/can-states-ban-trump-ballot-doesnt-release-tax-returns

    The general assumption is that Republicans would challenge such laws soon after they are enacted or enforced. However, a cleverer approach might be to hold off on the legal appeals until soon after the 2020 election.

    If Trump, disqualified in several blue states, loses the electoral college vote, Trump’s attorneys could ask the Supreme Court to declare the tax filing requirement unconstitutional, which must be remedied by tossing out the electoral votes in all the states that denied voters their constitutional right to vote for Trump. If the conservative-majority court agreed, Trump would likely have most of the remaining electoral votes and be reelected president.
     
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  2. Dispondent

    Dispondent Well-Known Member Past Donor

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    I really don't see where the states think they have standing on this issue. What do tax returns have to do with ballot qualification? I hope Trump sues the hell out of every state with these unconstitutional laws...
     
  3. HereWeGoAgain

    HereWeGoAgain Banned

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    It goes to something you don't care about: His fitness for office.
     
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  4. HereWeGoAgain

    HereWeGoAgain Banned

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    So this is your plan to overturn a lawful election? It would immediately start a civil war. And the SC would not do such a thing; not with Roberts in charge.

    But your motives are clear [assuming you are supporting this little caper]. Elect trump against the will of the people. Rule by the minority.
     
    Last edited: Jul 21, 2019
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  5. Dispondent

    Dispondent Well-Known Member Past Donor

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    Tax returns have nothing to do with a sitting president's fitness to serve. This is a stupid back door attempt to get Trump's tax returns without cause, its a clear violation of this 4th Amendment rights. If there is a question to Trump's fitness that is covered in an amendment, not some vindictive petty state laws...
     
  6. Robert E Allen

    Robert E Allen Banned

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    Damn the Empire will stop at nothing to silence the voice of Republicans will it?

    Quit meddling with elections sore loser Democrats.
     
  7. JakeStarkey

    JakeStarkey Well-Known Member

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    SCOTUS would not touch it, because of Justice Roberts.
     
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  8. Robert E Allen

    Robert E Allen Banned

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    The states don't have the right to rig the election.
     
  9. Moonglow

    Moonglow Well-Known Member

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    If ifs and buts were candy and nutz we'd all have a merry christmas...
     
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  10. Aleksander Ulyanov

    Aleksander Ulyanov Well-Known Member

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    Read the article, the states have standing because voting matters are a STATE prerogative, and unless they violate basic Constitutional qualifications the Court has stood with them.
     
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  11. TOG 6

    TOG 6 Well-Known Member

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    And the Democrats would have, once again, bitten off their noses to spite their faces.
     
  12. TOG 6

    TOG 6 Well-Known Member

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    "Fitness for office" is described in the constitution, and tax returns aren't part of it.
     
    Last edited: Jul 23, 2019
  13. TOG 6

    TOG 6 Well-Known Member

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    How is it you have not yet figured out the "will of the people" does not, and never has, factor into the election of the President?
     
  14. btthegreat

    btthegreat Well-Known Member

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    Wow guys. There are so many problems here. This is a game of chicken The first problems sitting in state appellate courts. They too have state constitutions and their own precedents. There is no way in hell that republicans are going to wait to file their briefs until after these states print ballots without Trumps name on it. The risks are too high. They will attack with every argument and in every state/ federal court after each state bill gets signed. SCOTUS will avoid getting involved, but when they do, Stevens majority opinion reasoning will be sustained by this court. To do otherwise is to beg for electoral chaos as 50 separate states picks and chooses their own standards for Presidential nominee access to state ballots. Not happening
     
    Last edited: Jul 23, 2019
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  15. APACHERAT

    APACHERAT Well-Known Member Past Donor

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    Gov. Jerry "Moonbeam" Brown refused to produce his tax returns.

    Jerry Brown went further when 2/3 of the state legislature were suffering from TDS and started passing really stupid laws.


     
  16. Robert Urbanek

    Robert Urbanek Active Member

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    Actually, the risks aren't that high for the Republicans as the states that would knock Trump off the ballot are already solidly Democratic.
     
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  17. btthegreat

    btthegreat Well-Known Member

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    Unless you happen to be a state legislator from a rural or conservative district who just lost a lot of votes because the GOP standardbearer wasn't even on the ballot. Even the bluest states have conservative counties and they need Trump on the ballot to get their votes out.

    Recall how pissed the west was, when Carter prematurely conceded to Reagan before the polls closed . Dems lost some elections because he was such a good sport.

    We haven't even started on ballot measures or judges up for election
     
    Last edited: Jul 23, 2019
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  18. JakeStarkey

    JakeStarkey Well-Known Member

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    The states will lose this attempt to modify qualifications for candidate on the presidential ballot.
     
  19. fullmetaljack

    fullmetaljack Well-Known Member

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    Too bad, trumpettes. States can publish Dirty Donnie’s STATE tax info because it is a STATE issue, over which neither the Federal government not the SCOTUS has jurisdiction.

    Too bad.
     
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  20. JakeStarkey

    JakeStarkey Well-Known Member

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    NY can publish Trump's tax returns but I don't think it can win a fight to require DJT to do so to be on the ballot.
     
  21. Dispondent

    Dispondent Well-Known Member Past Donor

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    Individual tax returns are not a state prerogative, particularly if the person in question is not a resident of that state. This is just a back door attempt to thwart the protections of the 4th Amendment...
     
  22. JakeStarkey

    JakeStarkey Well-Known Member

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    New York state, of course, can release the Trump tax returns.

    There is no 4th Amendment prerogative in tax returns filed iaw the law.
     
  23. TrackerSam

    TrackerSam Well-Known Member Past Donor

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    Blue states? He's not going to win those "blue states" anyway and doesn't need their votes.
     
  24. Aleksander Ulyanov

    Aleksander Ulyanov Well-Known Member

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    :confusion: What does this have to do with the 4th Amendment?
     
  25. Dispondent

    Dispondent Well-Known Member Past Donor

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    Illegal search or seizure of the property of a private individual, attempted by a legislative method that has no enforcement capacity. The legislature knows it could not apply for a warrant to obtain tax records, so they are attempting to subvert constitutional protections...
     
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