For some reason, the line that keeps repeating itself in my brain today is from John Hart Ely: it is not constitutional law, and it gives almost no sense of an obligation to try to be.
In the commentary today, some people are saying that the Court said Section 3 may be enforced against candidates for federal office only if specific federal legislation is enacted and others think that’s not true. That’s my point—the opinion is unclear. Could be a train wreck
For example, is the Electoral Count Reform Act federal legislation that can support a challenge? Unclear. Can the Joint Session of Congress Act? Unclear. Neither option is discussed. Not good.
It’s unfortunate (though telling) that the Court plans to announce is opinion tomorrow without taking the bench. It’s a bit like passing or signing a bill in the middle of the night to minimize attention.
Illinois Court Rules Trump Disqualified for Engaging in Insurrection, Cannot Appear on Illinois Ballots - Free Speech For People freespeechforpeople.org/free-speech-fo…