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

    Joined:
    Feb 17, 2013
    Messages:
    351
    Likes Received:
    120
    Trophy Points:
    43
    Gender:
    Male
    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.
     
    FatBack likes this.
  2. Dispondent

    Dispondent Well-Known Member Past Donor

    Joined:
    Sep 5, 2009
    Messages:
    34,258
    Likes Received:
    8,079
    Trophy Points:
    113
    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 Well-Known Member

    Joined:
    Nov 11, 2016
    Messages:
    21,681
    Likes Received:
    14,069
    Trophy Points:
    113
    It goes to something you don't care about: His fitness for office.
     
    Bowerbird, Pants, cd8ed and 2 others like this.
  4. HereWeGoAgain

    HereWeGoAgain Well-Known Member

    Joined:
    Nov 11, 2016
    Messages:
    21,681
    Likes Received:
    14,069
    Trophy Points:
    113
    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
    Woolley and Bowerbird like this.
  5. Dispondent

    Dispondent Well-Known Member Past Donor

    Joined:
    Sep 5, 2009
    Messages:
    34,258
    Likes Received:
    8,079
    Trophy Points:
    113
    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

    Joined:
    Jul 17, 2018
    Messages:
    12,041
    Likes Received:
    5,748
    Trophy Points:
    113
    Gender:
    Male

    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

    Joined:
    Sep 4, 2016
    Messages:
    25,747
    Likes Received:
    9,526
    Trophy Points:
    113
    SCOTUS would not touch it, because of Justice Roberts.
     
    Bowerbird likes this.
  8. Robert E Allen

    Robert E Allen Banned

    Joined:
    Jul 17, 2018
    Messages:
    12,041
    Likes Received:
    5,748
    Trophy Points:
    113
    Gender:
    Male
    The states don't have the right to rig the election.
     
  9. Moonglow

    Moonglow Well-Known Member

    Joined:
    Nov 19, 2013
    Messages:
    15,730
    Likes Received:
    5,280
    Trophy Points:
    113
    Gender:
    Male
    If ifs and buts were candy and nutz we'd all have a merry christmas...
     
    Bowerbird likes this.
  10. Aleksander Ulyanov

    Aleksander Ulyanov Well-Known Member

    Joined:
    Mar 9, 2013
    Messages:
    29,630
    Likes Received:
    10,138
    Trophy Points:
    113
    Gender:
    Male
    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.
     
    Bowerbird, Sallyally and JakeStarkey like this.
  11. TOG 6

    TOG 6 Well-Known Member

    Joined:
    Oct 23, 2015
    Messages:
    39,864
    Likes Received:
    13,865
    Trophy Points:
    113
    And the Democrats would have, once again, bitten off their noses to spite their faces.
     
  12. TOG 6

    TOG 6 Well-Known Member

    Joined:
    Oct 23, 2015
    Messages:
    39,864
    Likes Received:
    13,865
    Trophy Points:
    113
    "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

    Joined:
    Oct 23, 2015
    Messages:
    39,864
    Likes Received:
    13,865
    Trophy Points:
    113
    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

    Joined:
    May 30, 2010
    Messages:
    13,482
    Likes Received:
    4,931
    Trophy Points:
    113
    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
    JakeStarkey likes this.
  15. APACHERAT

    APACHERAT Well-Known Member Past Donor

    Joined:
    Jun 23, 2013
    Messages:
    38,026
    Likes Received:
    16,036
    Trophy Points:
    113
    Gender:
    Male
    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

    Joined:
    Feb 17, 2013
    Messages:
    351
    Likes Received:
    120
    Trophy Points:
    43
    Gender:
    Male
    Actually, the risks aren't that high for the Republicans as the states that would knock Trump off the ballot are already solidly Democratic.
     
    JakeStarkey likes this.
  17. btthegreat

    btthegreat Well-Known Member

    Joined:
    May 30, 2010
    Messages:
    13,482
    Likes Received:
    4,931
    Trophy Points:
    113
    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
    Bowerbird likes this.
  18. JakeStarkey

    JakeStarkey Well-Known Member

    Joined:
    Sep 4, 2016
    Messages:
    25,747
    Likes Received:
    9,526
    Trophy Points:
    113
    The states will lose this attempt to modify qualifications for candidate on the presidential ballot.
     
  19. fullmetaljack

    fullmetaljack Well-Known Member

    Joined:
    Oct 24, 2017
    Messages:
    2,555
    Likes Received:
    1,941
    Trophy Points:
    113
    Gender:
    Male
    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.
     
    Bowerbird likes this.
  20. JakeStarkey

    JakeStarkey Well-Known Member

    Joined:
    Sep 4, 2016
    Messages:
    25,747
    Likes Received:
    9,526
    Trophy Points:
    113
    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

    Joined:
    Sep 5, 2009
    Messages:
    34,258
    Likes Received:
    8,079
    Trophy Points:
    113
    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

    Joined:
    Sep 4, 2016
    Messages:
    25,747
    Likes Received:
    9,526
    Trophy Points:
    113
    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

    Joined:
    Mar 17, 2015
    Messages:
    12,114
    Likes Received:
    5,374
    Trophy Points:
    113
    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

    Joined:
    Mar 9, 2013
    Messages:
    29,630
    Likes Received:
    10,138
    Trophy Points:
    113
    Gender:
    Male
    :confusion: What does this have to do with the 4th Amendment?
     
  25. Dispondent

    Dispondent Well-Known Member Past Donor

    Joined:
    Sep 5, 2009
    Messages:
    34,258
    Likes Received:
    8,079
    Trophy Points:
    113
    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...
     
    pol meister likes this.

Share This Page