The unanimous ruling left plenty of landmines for Congress to navigate.
Colorado Supreme Court
Posted inLaw and Justice
It’s Too Soon to Say if the Colorado Ballot Case Was a Loss for Anti-Trump Forces
Yes, the Supreme Court kept Trump on the ballot, but requiems for failed constitutional litigation—as Lincoln’s Chief Justice appointment knew—are often premature.
Posted inLaw and Justice
Justices Find Trump Ballot Arguments Supremely Vexing
An observer of the Supreme Court oral argument on the 45th president’s getting kicked off the Colorado primary ballot might be forgiven for asking, “What have you done with Donald Trump’s legal team?” The argument offered by the former president’s attorney was quite different than the posturing of his lawyers in previous cases—and even in […]
Posted inLaw and Justice
The Least Harmful Way to Leave Trump on the Ballot
I’ve been teaching Constitutional Law for 40 years, and I am persuaded that Section 3 of the Fourteenth Amendment disqualifies Donald Trump from serving as president again because of his involvement in “insurrection” against the United States. But I’ve been watching the U.S. Supreme Court for the same four decades. Despite the strength of the […]
Posted inProtecting the Vote
Confessions of a Democracy Optimist
There’s cause for optimism despite bad court decisions and conspiracy theories.
Posted inLaw and Justice
Will Trump’s Disqualification Turn on Whether an 1869 Case Was Wrongly Decided?
How the ruling of Salmon P. Chase—senator, governor, and both Lincoln’s treasury secretary and chief justice—might affect whether the 45th president can be restored to the Colorado ballot.
Posted inLaw and Justice
The Wrong Reasons to Keep Trump on the Ballot
Whether the former president violated the insurrection clause is debatable, but some of the lame excuses being bandied about are not.
Posted inPolitics
The Trump-Colorado Ballot Case Could Help Restore the Supreme Court’s Legitimacy
Or it could destroy it if the conservative justices restore him to the state’s ballot and let him delay—and possibly quash—the legal cases arrayed against him.
