joining me now is conservative attorney George Conway he is a contributor to the Atlantic and co-host of the podcast George Conway explains it all so I want to dig into all of that the timing of the Supreme Court because a lot of us can't figure that out but we were just talking about the ruling today and you tweeted today it doesn't even profess to be interpreting the text it doesn't and and I think that's a you know I I Professor Eiffel said that there was a lot of overreach in the majority op
inion I think the problem here is that all nine justices under reached they simply decided that they weren't going to apply the Constitution the way you normally apply it which is you read the text and you you you try to figure out what it means in the context of the history and you apply it and the plain text of the Constitutional provision here says that Donald Trump is disqualified and so I you know that that's that was the real problem with with with with today's decision and I don't think t
hat that this you I don't make much of the concurring opinions criticism of the majority for having gone too far because at the end of the day I don't see I can't see where in the majority opinion it does more than say that states can't enforce section three of the 14th Amendment against federal office holders and I you know the only difference I can see between that holding and what the four concurring justices the four women interestingly said was that they probably would have restricted it to
the president and just the president but again there's just no BAS no textual basis no historical basis the 14th am not to apply it and and the only argument that ever is made in any of the opinions as to why you would restrict States from applying the 14th Amendment the plain text of the 14th Amendment the 14th amendment that contains all sorts of other Provisions that apply regardless of whether Congress says they whatever Congress says including the eal protection Clause prohibits race discr
imination the fact of the matter is that they there is no there's no basis to single out section three as being different from these other provisions and they just they they just they're just making it up and all the J justices were making it up why though why you've studied this court for so long because they were terrified of what Trump the reaction the reaction and I I think that's clear from justice justice justice um barretts concurring opinion I mean she says all of this stuff kind of she
says the quiet part out loud we this is not the time to amplify disagreement with with steny the court has settled a politically charged case in the volatile season of a presidential election particularly in this circumstance writings of the Court should turn the national temperature down not up she's terrified and they all were terrified including the liberal judges okay who all the only difference that I can see between what the liberal judges said and what the majority said was they probably
would have restricted it to the president but if they do that the opinion would have been even worse because at Le it would have been it would have been looked like you just cherry-picked the president out of a pile to to to save to to to to CH to say that the presidency is somehow special from all these other other insurrectionists too and there are other insurrectionists I mean look the bottom line is they were never ever going to rule against Trump here and not because it was Donald Trump but
because of the fear that this court with only a limited amount of political Capital these days and that's for we probably disagree on the reasons for that but but we agree and disagree on some of but they don't have the political Capital to all of a sudden drop this ruling on the on the public and say Donald Trump can't appear on the ballot then they were terrified why should they have to worry about political Capital this is they're the highest court in the land they are the highest court in t
he land but they are worried about political capital I mean this is a this is a this is a court that basically uh and you're going to disagree with some of what I'm about to say and agree with somethingone that has basically wasted its political capital on things it should have never been involved in it should have never been involved in abortion for example you'll disagree on that but I I say that it was a mistake to get involved the way they did and even Ruth Bader Ginsburg kind of agrees with
me on that and it was a mistake to get out of it after 50 years after telling hundreds of millions of women that they have this right and so they've blown a lot of capital on things that really they should have been concerned with because it's not in the Constitution this provision section 14 I mean Section 3 of the 14th Amendment actually is in the Constitution and it's clear and they didn't have to make anything up to apply it the only rationale they had for not applying it is to say that oh
well you'll get this Patchwork some states will rule this way some states will rule that way some states will use different records some states will use different procedures but that shouldn't be the Court's problem that should be the insurrectionist problem and this guy and as you point out the major takeaway from this case is that Donald Trump remains because there's nothing in any of these opinions that says otherwise an adjudicated an adjudicated insurrectionist he's still that just as he's
already an adjudicated rapist George Conway I love your passion I love your breakdown and your legal mind thank you so much for joining me this evening I appreciate it that
Comments
Well if SCOTUS can't keep Trump on a long leash; then it's up to us as voters to make certain that he will never see the inside of the White House. But instead he'll be seeing the inside of a prison cell.
SCOTUS is also circling the wagons around the Thomases'. How many degrees of separation is Ginnie away from the coup planning?
The world is terrified!
SCOTUS is now a rogue court that's gone off the rails.
We have no use for those to scared to do such an important job.
Holy smokes. Since when is the Court's business of applying clear, unambiguous law subject to the "temperature" of the public. If that is now how legal analysis works, the Court should refrain from hearing cases on race and abortion. In fact, why didn't the Court apply that standard when it reversed Roe???
Imagine an apple that looks like the tastiest apple you've ever seen, beautiful, green, juicy, immaculate skin, no blemish, no brown spots, no scars. Then you cut it in half and find the inside of the apple is brown and black, kind of dry in some places, sludgy in others, cavities, mold in every color festering and the stench of rot spreading. That is the SCOTUS.
The best SCOTUS could offer is Congress alone has the authority to keep an insurrectionist candidate off the ballot? Nearly half of Congress is a co-conspirator in that insurrection or the coverup/narrative shift afterward.
In my opinion, they are not only delaying the DC case for Trump but it seems like an intentionally cover up for Clarence and Ginni Thomas involvement in planning and participation for January 6th.
Fear is when S. Court Justices do not use the existing laws and attempt to recreate a new interpretation.
George Conway: a more powerful argument (with legal precedent) is to reference the years between when the 14th amendment was enacted, to when the 1872 Act of Amnesty was enacted. The 1872 Act removed office-holding disqualifications against most of the secessionists who rebelled in the American Civil War. The John Roberts court has flipped the the application of the 14th amendment 180 degrees from the civil war era, by claiming an act of congress is required to apply disqualification. In fact: it was the opposite: it took an act of congress to remove disqualification. (and now with the real possibility of sitting President issuing blanket pardons to the disqualified - usurping the 14 amendment in its entirety.) John Roberts has created a real constitutional mess here. The cowardly paragraph by barret raises the question why she wanted to be a chief justice in the 1st place. If she cant handle difficult problems then she does't belong there. Ask any soldier what they think of someone that shows cowardice and zero courage when faced with a difficult situation. It is surprising that paragraph was published.
He's right. I wonder too if some of them weren't more simply just afraid of getting all the death threats and having to live under the watch of protective service people for years. They aren't necessarily made of the same stuff that people like Fani Willis and Judge Engoron.
So the Constitution is basically birdcage liner. This court should be ashamed of themselves.
It's just government elites protecting government elites, even if they are criminals. You see this in companies too; for example, it is rare for a criminal executive to be charged legally by the Board of Directors. Managers protect each other.
It is time for the American people to give something for SCOTUS to be truly terrified about.
"They made it up". Yep. If it had been appealed to the federal appeals courts they probably would have affirmed insurrection at the federal level at which point federalism would be a bygone issue. But by fast tracking the case, they intervened specifically on behalf of THIS candidate. So the people are denied a ruling, but worse they've insulated future insurrectionists from criminal prosecution.
This is one of the saddest days in America. We just regressed back to the end of the Civil War.
SCOTUS isn’t going to save us. We can save ourselves. Get out and vote 💙💙💙. Volunteer to drive people to polls that don’t have transportation, talk to everyone you know about voting for Democracy.
I think he meant to say was that scotus has limited Credibility (not limited capital) and on that i believe most Americans would agree! Lawlessness is at an all time high for the rich and powerful!
I wonder what the majority would have been if it was Biden or Obama. Pretty sure the majority would have allowed states to have individual rights on this issue.