Monday, April 25, 2022

A "Make Law" Blackrobed Insurrectionist

There's no other way to describe "Judge" Totenberg.  She's an insurrectionist revolting against civil authority.

How can that be?  Easy!!

...As the country braces for the midterm elections, the left seems to be rallying behind three D’s: Democracy, Disinformation and Disqualification. The latter effort just received a huge boost from [Judge Totenberg] in Georgia who has allowed a challenge to knock Rep. Marjorie Taylor Greene (R-Ga.) off the ballot as an insurrectionist. Nothing says “democracy” like preventing others from voting....

Well, duh.  The Eminent Sociopath LawProf  Laurence Tribe agrees with Totenberg.  Q.E.D., right?

Wrong.

 ...To the extent that a person can be disqualified under the 14th Amendment, it requires action from Congress, not a local board of election. Despite an otherwise long, careful opinion, Totenberg blithely set aside such details, including an 1869 decision by then-Chief Justice Salmon P. Chase. The case in question challenged the right of Hugh W. Sheffey to hold a Virginia state court office, given his support for the Confederacy. Chase ruled that Section 3 did not disqualify Sheffey because “legislation by Congress is necessary to give effect to” Section 3 of the 14th Amendment, and disqualification from office “can only be provided for by Congress.”

Congress later passed the Amnesty Act of 1872, which overrode the Disqualification Clause except for “Senators and Representatives of the thirty-sixth and thirty-seventh Congresses.”...

The Amnesty Act, Chase's decision, and the text of the 14th happen to be "civil authority."  So not only is Totenberg an ignorant jackwad blackrobe (a low bar, yes), she's committing insurrection.

Crucify her!!

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