Democrats in California want to see Trump’s tax returns. So, they have a law that would prevent Mr. Trump from appearing on any ballot in the state until he coughs them up. But a judge just blocked that plan.
Neither the Constitution nor extensive (if not ample) Federal Law requires it, so California, may not. From AoSHQ,
The Constitution specifies the qualifications for a candidate running for office — and those qualifications do not include “has submitted his tax returns to California partisans to be leaked to the media.” Courts use that particular objection to stamp out, for example, state laws that limit the number of terms federal office holders can serve — if the Constitution doesn’t impose such a restriction, how can a state pass a law requiring it?
But federal pre-emption will get you there too.
And pre-emption is where we are in this matter.
Federal elections are a matter of federal law. At no point has Congress successfully passed a law requiring candidates for Federal office to submit their “tax returns to partisans to be leaked to the media.”
They have many laws and have had plenty of time to demand them but have not. Therefore, no state may expect them as a condition of participation in a ballot in any federal election. They are free to screw up their state elections to their hearts’ content.
Good news for Trump or any other Republican that ever runs for federal office.
The media will have to get their tax returns via the Lois Lerner method. Find some stooge inside the IRS to do their dirty work for them. Lie and tell them they’d be a whistleblower. Then refuse to lift a finger when the stooge gets sent to prison. With the caveat that going to jail would require them to have broken the law under a Republican administration or ratted out a Leftist under a Democrat administration.
No Democrat swamp creature will ever see prison for releasing a Republican’s tax returns to the media. A whirlwind media tour, parade, and a book deal are more likely with reassignment to some other well-paying swamp job the most probable outcome with anonymous letters of praise and perhaps a lovely cake or a pizza.
It is never a crime to break the law in advance of the Leftist program. But I digress.
The judge has stayed the effort, which leaves California in the lurch. Another “we have you now” moment dashed on the sharp rocks of reality.
They must return to their dank dripping lairs where they will twirl their mustaches vigorously in pursuit of other means.
A new evil plan. They’ll call it left-handed transgender child-bride of the Accountant who gave Donald Trump’s Tax Returns to Dianne Feinstein’s former Chinese Driver Spy who loved me.
Or something crazier. This is California.