America has 4 years to set things right, it had better make it count.
America has 4 years to set things right, it had better make it count.
I think people consistently misinterpret the overturning of Roe (a calculated, focused effort that took decades and overturned specific judicial precedent that basically had created a right-to-privacy from whole cloth) with "Trump has SCOTUS in his pocket." He doesn't. The GOP got the two things they wanted from tilting the SCOTUS in their direction; there's no reason to believe this SCOTUS is about to start looking at the bare-face text of the Twenty Second Amendment and decide there aren't any words there.
The incentives just aren't there. Especially because it's pretty obvious that if they do ignore that text, it becomes pitchfork time and their necks are no less vulnerable than the President's.
(ETA: And that's ignoring that individual states are not obligated to put him on the ballot if he's inelligible to run for a third term, and by-and-large, Americans do not vote for names not on the ballot because they don't know their own civil rights).
One of our Presidents, against the will of Congress and in an era where the right to levy war on the part of Congress was far more closely tied to troop deployment (because we weren't yet in the era of Pax Americana with permanent overseas bases on every continent, much less the post-9/11 era of massive power delegation to the Executive), moved our Naval assets away from the Atlantic coast toward Europe and basically tried to hide it from Congress. It would have been extremely impeachable... But then we ended up in a World War soon after. A war we, conveniently, already had our Atlantic assets positioned to fight, over the previous desires of an isolationist American representative legislature.
That President never came under question of whether he should be jailed for putting Americans in harm's way when we were not involved in the European conflict (yet), and Congress had no intention of involving the country (yet). The things Trump did in office were far less risky to life and limb. I'm not implying they were correct or just things; I'm saying that when we talk about whether the other branches should be able to jail the President for malfeasance in-office, this is the realm of decisions and standards we're talking about.
I think we can understand why SCOTUS would ban Colorado from making that decision themselves, for much the same reason it bans Mississippi from having its own interpretation of the parts of the 14th Amendment about due process or citizenship.
In contrast, the 22nd Amendment is plain-letter law, so obvious that it brooks no interpretation.
And as as far as the 12th Amendment goes, "But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."
The 22nd amendment doesn't explicitly say he cannot serve as President, it just says "no person shall be _elected_ to the office of President".
Yes, the spirit of the constitution clearly prevents a 3rd term, but it could be possible to employ a very literal interpretation that allows the above.