alilbee,

This will be contentious maybe, but I don’t think the supreme court should ever care about consequences. They are interpreters. In the theoretical framework of our government, the consequences were considered and locked in by the legislature and it’s up to the executive to use discretion in enforcement.

However, all that being said, the consequences for this would have sucked so hard. Every single election season, wall to wall coverage of court cases in all 50 states trying to toss candidates. Judiciary gets juiced even more than it already is, and judicial takeover becomes even more political than it already is. The presidential election hardly matters when the judiciary has become your new honorary electoral college.

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