When the Supreme Court reviews Colorado’s decision to exclude President Trump from the state’s ballot, it will be delving into wholly uncharted territory.
The Supreme Court has never interpreted the constitutional provision prohibiting former office-holding insurrectionists from holding future office. Several leading constitutional scholars argue that, in part for this reason, the constitutional ban cannot be enforced without prior congressional enactment of guiding directives. The high court may consider this option to provide a welcome off-ramp.
But the position that the constitutional ban on insurrectionist office holders is not activated absent congressional legislation is not only incorrect, it also threatens the very foundations of America’s constitutional system.
14A S3 clearly describes disqualification as a “disability,” one which can be removed by a two-thirds vote of each house of Congress. SCOTUS can avoid looking absolutely foolish by upholding the Colorado ruling, while pointing to Congress as the body ultimately responsible for removing that disability, if they so choose.
scotus is about to vaporize chevron doctrine bringing more power to themselves. it’s just as likely they will let trump be on the ballot removing power from another branch of government and give more to themselves.
if scotus wants to maintain any of the little credibility they do have, they aren’t going to ignore what is even for this era of language and the definition of words, plain language text saying that people who were involved in insurrecion against the united states are ineligible to hold office unless 2/3 OF each house of congress waives the provision. and one of the things that john roberts really cares about is how his court is seen by history. I can see 4 votes right now to allow the ruling to stand but I can’t see of the rest of the unelected lords who provides vote 5.