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They could choose to point out Trump has not been found guilty of a 14th amendment offense in a court of law and enforce innocent until proven guilty and say after a guilty verdict, maybe.
This seems really obvious to me. I mean of course we all know he's guilty, but even I think it would be bad precedent to act before a conviction - from then on, every election the Republicans will immediately try to disqualify whoever the Democrat(s) opposing them are the same way (just with made up crimes)
I always assumed that was the strategy. Trump has a huge handful of lawsuits in the pipeline. None of them will technically prevent him from holding office. This specific ruling will make it clear, "Yes, he is disqualified."
I'm not confident it's necessary, but I understand the legal argument that it should be more clear, which is what this does.
I'm not sure what you are saying. The supreme court is clearly not going to rule that he's disqualified. Like the grandparent comment said - he's not convicted, so he'll stay on the ballots.
Right. But without this case, what happens when he is eventually convicted of insurrection?
We would have to go through all the legal arguments we're going through now.
This case is being brought up now so that we already have the answer.