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Susan Estrich on SCOTUS decisions
Ultimately, the law needs to make sense. What makes sense in this context is a resolution that supports the democratic process and preserves the credibility of the Supreme Court. A jury should decide if Donald Trump committed the crime of conspiring to incite an insurrection. It is Trump, not Jack Smith, who is trying to manipulate the process for political reasons to avoid the impact of a conviction on the electoral process.
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He should not get away with it. The court should act as decisively to reject Trump's transparent gamesmanship as it almost certainly will to deny Colorado's move to have the court decide the election by disqualifying Trump from the ballot.
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https://www.arcamax.com/politics/fromtheleft/susanestrich/s-3116156