M.S. Bellows, Jr.Dec 29, 2023

I agree that Trump should be banned from running again under the 14th Amendment, but I have real concerns. Here's why:

The authors of the 14th screwed up by not specifying a mechanism for determining whether a particular candidate has participated in an insurrection. Is it a jury Q, as in Colorado? Can an individual Secretary of State decide, as happened today in Maine?

14A §3 has the right idea, but here's what's going to happen: states where there are Republican governors and legislatures will enact laws rigged to result in the easy barring of DEMOCRATIC candidates from their states' ballots in the future. And while that may not matter much in truly red states that Dems won't win anyway, it might make a huge difference in swing states, and in all states it may suppress Dem turnout, affecting Democratic (and minority) representation in Congress and state and local offices.

Again, I'm not saying Trump shouldn't be barred from reelection under the 14th. But I am saying that it's entirely valid to have concerns about how stupidly framed §3 is – and that saying so should offend no one, given that almost everyone reading this also agrees that LOTS of the Constitution is f*cked up.
#YIAAL

Show threadM.S. Bellows, Jr.Aug 21, 2023

3/
It's far, FAR more likely than not that Trump will be convicted of at least one felony requiring him to report for some period of time to an actual prison (and yes, #YIAAL.)

Query: Knowing everything you do about him, what do YOU think the chances are he'll actually show up that morning – that *this man* will let himself be driven down an access road lined with TV trucks and jeering liberals to be buzzcut and photographed in an orange jumpsuit?

(And while he'll consider running away instead, I doubt he actually will, because (a) he's surrounded 24/7 by armed federal agents, (b) he's too recognizable to just disappear, (c) he'd hate every non-extradition country that might accept him (except possibly Russia), (d) being seen as fleeing would amplify his secret sense of shame, and (e) the only way he couldn't be intercepted and returned is by air – and what pilot would fly him?

Show threadM.S. Bellows, Jr.Jul 28, 2023
@Homoevolutis0 That's absolutely not my advice on contracts that are actually negotiated, but adhesion contracts like car rentals or digital TOS? Nope. Don't read, and if it ends up in litigation, say so. Sometimes, "hell, it's in gray text 5-point font on a taupe background. Of course I didn't read it!" can be a successful argument. #YIAAL
Show threadM.S. Bellows, Jr.Jul 4, 2023
@cherylgk @WagnerTonight Which... is unconstitutional. The Supreme Court had no jurisdiction whatsoever. It's literally an illegal ruling. Not even debatable. #YIAAL
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/caseorcontroversy.htm#:~:text=The%20case%2Dor%2Dcontroversy%20limitation,litigants%2C%20but%20no%20longer%20does.
The Case or Controversy Requirement of Article III

Show threadM.S. Bellows, Jr.Jun 30, 2023
@Nonilex Today's Supreme Court decision killing affirmative action, in a nutshell. On the right: previous law. On the left: the new law. #YIAAL