There were always three questions involved in the case that the Supreme Court heard today. The first was whether Donald Trump had, in fact, instigated an insurrection. The second was whether he should be forbidden from holding the presidency (or any other office) under Section 3 of the 14th Amendment. The third was whether a state—in this case, Colorado—could bar Trump from the ballot, citing the first and second cases as the reason for barring him. That gave the Court three off-ramps from having to chonk Trump off this year’s presidential ballot, and any one of them would be sufficient. The justices’ response to the oral arguments presented today made clear that there would be no chonking. The three Democratic-appointed justices—Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson—seriously questioned the third rationale—that is, whether a state could block a presidential candidate from appearing on the ballot, which, they suggested, could lead to chaotic election-year divergences from state to state, and could set a precedent for
disqualifications that could be a lot more arbitrary than this one. The Republican-appointed justices also raised that objection, but went further in suggesting that Section 3 didn’t contain the word "president" and thus, though it does specify officials who’ve sworn an oath to the Constitution, couldn’t be invoked against Trump. They were clearly indifferent to the fact that this was the kind of argument that led Shakespeare to write, "The first thing we do, let’s kill all the
lawyers."
|