Abuse of Power

In our nation no one is above the law. Not even former presidents. It is telling that Donald Trump’s lawyer in the Supreme Court today made no effort to assert that his client had not fomented an insurrection. He did not refute that Donald Trump on January 6 directed heavily-armed militants to go the Capitol to “fight like hell” to disrupt the certification of the 2020 presidential election as part of his attempt to deny the will of the people and steal the election.    

It’s easy to discount such "conspiracy theory nonsense" from random trolls on X, but it’s powerful when it comes from Musk, who owns the platform, said Anthony Gutierrez, executive director of Common Cause Texas, a group that advocates for voting rights. Democracies require participation, and falsehoods "only increase the likelihood that people will lose faith in our elections and simply opt out," Gutierrez said.

“Our democracy is not a chaotic free-for-all in which anyone can be elected. The voters are entitled to decide within the framework of the applicable rules,” the good government group Common Cause wrote in an amicus brief supporting the challengers. “If Section 3 of the Fourteenth Amendment (“Section 3”) is not enforced in this case, there is a genuine risk that our system of government will not survive,” they wrote.

Common Cause reminds the Court that the Constitution possesses checks and balances for the very expressed purpose of preserving constitutional order. Their brief highlights many restrictions on who voters can select including restrictions on age and term limits. They aver that elections must follow the rules laid in the Constitution and the Court must not shy away from public pressure to ignore their duty to the Constitution. The Framers of the Constitution recognized that protecting democracy would require “uncommon portion of fortitude” when going against “the major voice of the community,” Common Cause argues .

"It targets specific instances when the government has used APRA to stonewall specific requests, like RIDOT's decision to withhold accident data it collects from all of Rhode Island's municipalities," says John Marion, executive director of Common Cause Rhode Island. "With respect to the Washington Bridge emails," he said of emails for which different media outlets were charged anything from zero to $450 for the same 236 pages, "the bill would lower the costs by doubling the amount of free search time given for each request, and providing two hours of free time for redaction." "Given that this was the biggest news story in the state," Marion said of the highway bridge closure, "requiring advance payment from multiple legacy news organizations before release of the documents was a case of RIDOT using APRA as a shield in a way that undermines the purpose of the APRA."