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that could disqualify. that s going to be a little bit of a hard navigation for them to rely on that. but from their motivation standpoint, they don t want to be the ones deciding this. their credibility is just bleeding out at this point. so, if they can find the way, procedurally, to avoid getting into those sorts of merit questions, i think they will. there s a way for them to say, yes, the president is an officer of the united states within the meaning of the 14th amendment yet still avoid having to get into the merits of it by finding a process type way out. but if they do that, shan, just quickly, if they have some narrower decision here, that it s not this broad scope of what s at stake here, how does that affect other states? can other states still see these complaints of whether or not he belongs on the ballot in those states based on their states constitution? or is that something that it ll nullify all of these challenges? it depends. one thing is important to know is w
can find a way out of this on the grounds, for example, they could look at the question of was the process used in colorado sufficient? and they could also adopt the view that only congress can do this. although frankly from that point of view it will make no sense because obviously the drafters of the provision knew how congress could take a wave. they could have just easily said congress is the one to disqualify it. so that s going to be a little bit of a hard navigation for them to rely on that. but from their motivation standpoint, they will be the ones deciding this. their credibility is just bleeding out at this point. if they can find a way procedurally to avoid getting into those merit questions, i think they will. there is a way for them to say yes. the president is an officer of the united states within the meeting of the 14th amendment. yet still avoid having to get into the merits by finding the process type of way out.