The Court is reviewing a decision by the Colorado Supreme Court, which found, under Section 3, that Trump cannot appear on the state’s Republican primary ballot. Jonathan Mitchell, who argued in the Court as Trump’s attorney, is an interesting figure to counter that position. He gained notoriety in 2021 for devising the novel Texas law that nullified the constitutional right to abortion in that state even before the overruling of Roe v. Wade.
As Justice Ketanji Brown Jackson expounded during oral argument, giving support to Mitchell that he didn’t even ask for, “the pressing concern” of the Framers of the Fourteenth Amendment “was actually what was going on at lower levels of the government, the possible infiltration and embedding of insurrectionists into the state government apparatus and the real risk that former Confederates might return to power in the South via state-level elections either in local offices or as representatives...
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