Not knowing US constitutional law, it seems to me the SCOTUS decision might mean that the Dems missed an opportunity when they had the house
That it’s a federal matter seems legally predictable/natural to me, and that it then falls to congress to enforce then also seems natural.
What am I missing on that?
Otherwise, what would the Dems have had to lose by passing an act when they had the house? The 14th was right there.
@barney @politics
Who should enforce it then? Seems like exactly the sort of thing a court wouldn’t want to touch so as not to look too political, no?
Unless there’s no way around the fact that the 14th effectively creates a “constitutional crime” within federal courts’ jurisdiction that can be pardoned by a congress super majority, which would have been my intuitive reading.
@barney @politics
Were there not conversations at the time about how 14A would have been enforced? None of the issues around that are new and would have been obvious at the time.