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Sympthsical

(10,734 posts)
5. Justice Kagan is the origin of the quote
Thu Feb 8, 2024, 03:29 PM
Feb 2024

From this morning's arguments. Kagan to Murray: "The question that you have to confront is why a single state should decide who gets to be President of the United States."

They discussed Article Two, electors, and the whole shebang during arguments.

But I think you're missing the nuance of Justice Kagan's question. Rephrased, it can read, "Why should single states have the power to make a determination of who is an insurrectionist for the sake of filling a national office?"

It's a federalism problem, and the liberal justices also recognized it. In fact, I'd argue the liberal justices had a bigger problem with it. Justice Jackson went to absolute town on the question.

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