this post was submitted on 20 Dec 2023
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Reposting my comment from another thread. Remember to bee nice:
Personally, I don't think Trump should be on any ballot because he has a history of undermining democracy. It's self-defeating for a democracy to allow non-democratic actors to participate.
That said, I also agree with the dissenting opinion. Without a conviction of insurrection, a court shouldn't be able to limit democratic participation. That would be denying a person due process. I suspect the supreme court will see it that way too.
If you disagree with me, just imagine how this precedent could be used by the right against a left-leaning candidate. If democracy is limited without a conviction of insurrection, you'll see this applied to candidates on very shaky grounds.
So I haven't been following this lawsuit at all, so this is a genuine question. If the lawsuit is about barring trump from the ballot due to starting an insurrection, I would assume part of the trial was to argue for and against the claim that he started or otherwise participated in an insurrection, no? If that's not the case, then I'd agree with you. If that is the case, however, then I don't see how this trial wasn't the due process you're talking about
There were witnesses who testified. I am unclear if there was a jury or not, but according to president scotus won’t disagree with that he engaged in insurrection.