Litman: Trump called the latest 14th Amendment ruling a 'victory.' He couldn't be more wrong

[Yo_Mama_Been_Loggin]

Harry Litman

The latest opinion denying a challenge to Donald Trump’s eligibility to run for president has occasioned a lot of teeth-gnashing about how the court, in the words of Colorado’s secretary of state, gave Trump a “get-out-of-jail-free card for insurrection.” The frustration is understandable but shortsighted.

In fact, the opinion by Colorado District Judge Sarah B. Wallace is a giant step toward disqualifying Trump from the ballot on constitutional grounds.

The Colorado challenge is one of several brought under Section 3 of the 14th Amendment, which disqualifies officials who “have engaged in insurrection” against the United States from holding federal office. The provision gives rise to the argument that Trump is not qualified to run for president because of his role in the events of Jan. 6, 2021.

In the last few of its 102 pages, Wallace’s opinion concludes that the president is not “an officer of the United States” for the purposes of the amendment and is therefore not disqualified from the ballot. Trump hailed this as “a gigantic court victory.”

https://www.yahoo.com/news/litman-trump-called-latest-14th-211732682.html

[FBaggins]

1. Littman suffers from overly wishful thinking

If a judge says that he’s sure that a law is unconstitutional but he has to throw the case out because the plaintiffs have no standing… that creates exactly zero basis for other courts to pick up the ball and say that the law is unconstitutional once they find someone with standing.

We just saw this a few months ago with the Andrew Warren vs DeSantis conflict. A federal judge came right out and said that DeSantis had violated the constitution and abused his authority… but then tossed the case for lack of jurisdiction. Warren had no luck convincing other courts (that did have jurisdiction) that the judges words carried any weight at all… because they didn’t. They were dicta at best

[Uncle Joe]

2. If the Colorado judge had barred *rump from running,

and it was appealed to the all the way to the USSC and they overruled the judge.

What do you believe would be the political upshot of all that?

Would such a thing give *rump just more ammunition in his political quest for national victim hood?