What would preclude Texas from keeping Biden off in retaliation? I saw the three as saying Trump was not proven insurrectionist, so … The bit about Congressional action seems worse to me as it seems to say even if court finds he is guilty of insurrection, you would still need Congress to act
No, the four (including Barrett) said that the states could not impose this voting restriction. Where the four disagreed is in the fact that the majority went beyond what was asked and precluded any future challenge in the courts.
The problem with saying "guilty of insurrection" is it presumes a trial and conviction of a president for acts committed while in office ... which is the subject of another case before the court. (And which the court obviously should have addressed before now.)
the same thing that just kept Trump *on* the ballot—SCOTUS. courts are not stupid and they can figure out the difference between frivolous and non-frivolous legal positions