Salon - Trump’s wrecking ball is a constitutional unravelling of the Roberts’ Court’s own making. In June the Court threw out the Justice Department's prosecution of J6 defendants by ruling that they couldn't be charged with obstruction for rioting at the Capitol, reasoning creatively that beating police officers, trashing capitol property and threatening death to elected officials to stop the certification of the 2020 vote wasn’t “obstruction” because it didn’t involve “documents.”
The “no obstruction” travesty followed several other decisions in the same partisan direction. Last March, the Roberts Court blocked Colorado’s efforts to keep Trump off the ballot based on the Constitution’s plain language barring insurrectionists from public office. Section 3 of the 14th Amendment does not lack clarity. It bars anyone from federal office who “engaged in insurrection” after they swore an oath to support the Constitution. The opening words — “No person shall…” — make the ban mandatory, not optional.
Despite the 14th A’s clear text, the Court ruled that states could not enforce the insurrectionist ban, even though states have primary
Constitutional authority over elections, lest “chaos” ensue. Apparently
Trump’s brand of chaos in blowing up the entire federal system suits
them better
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