The SCOTUS by a 8-1 or 9-0 seems set to place Trump back on the ballot. At least that how the oral arguments seem to indicate. You have section 5 of the 14th, “Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.” Congress did pass legislation declaring the south in a state of insurrection which was signed into law by the president. Then there were numerous laws passed by congress after the ratification of the 14th dealing with the south. This wasn’t done for 1-6 nor has any federal government, congress, the president, DOJ, Homeland security, etc. ever declared or stated 1-6 was an insurrection. Nor does any of the 91 federal indictments charge Trump with insurrection. Also, at question is can a state declare someone an insurrectionist on its own or is that a federal government responsibility? Punt is what I think the SCOTUS will do as to Trump’s ballot access.
Now add the Georgia case to the New York cases. There’s no doubt in my mind Trump interfered with Georgia’s 2020 election. His interference is on tape when he asked our secretary of state to find 11,780 votes out of the clear thin air. It took balls to tell the president no. Trump will get his, this I have no doubt.
I agree with all of your post except the bolded. I am also concerned about how the Supreme Court addressed the questions in the 14th Amendment cases.
First, the bolded - Congress did, and by an overwhelming majority, declare Jan. 6 an insurrection.
H.R.3325 - To award four congressio...ted the U.S. Capitol on January 6, 2021. "(2) On January 6, 2021, a mob of insurrectionists forced its
way into the U.S. Capitol building and congressional office
buildings and engaged in acts of vandalism, looting, and
violently attacked Capitol Police officers."
Moreover, several courts have described it as an insurrection, and multiple individuals have been convicted of Seditious Conspiracy. The President has described January 6 an insurrection: "This was an armed insurrection.";
JANUARY 06, 2022
Remarks By Presid...y 6th Deadly Assault On The U.S. Capitol.
Second, the Supreme Court has never deemed that Section 3 was NOT self-executing. Several courts have ruled the opposite. Only once has a judge ruled otherwise.
Third, in no other case of which I am aware has any court REQUIRED a Congressional declaration of an insurrection, and indeed, the idea is legally nonsensical. The Insurrection Act allows the President to call out the Militia to put down an insurrection. Is he prohibited from doing so until Congress acts?
Fourth, one of the most maddening areas of questioning by SCOTUS Justices was the intimation that States can't independently address disqualification.
Justices skeptical of 14th Amendment case banning Trump from ballot: Key takeaways. That stance is directly contrary to the history and structure of the 14th Amendment.
