Amendment disqualification is sinking in, we are able to begin putting it in perspective. Yes, Trump remains on the ballot. But something else remains as well: the multiple judicial determinations that Trump engaged in insurrection. For that and other reasons, history will take a balanced view of this landmark decision, and it is far from the home run for Trump that he proclaimed.
The court ultimately resolved the thorny issue of Trump’s place on the ballot by finding that an individual state simply did not have the authority to implement disqualification for federal office. Maintaining that it is the federal government’s prerogative to enforce Section 3 of the 14Amendment, in this instance, always appeared to be the high court’s most likely off-ramp.
Indeed, it was not legally necessary for the court to issue this decision now, particularly in light of their ruling that Colorado could not keep Trump off its ballots. Although the Colorado Republican primary was on Tuesday, the Colorado court’s determination had been stayed pending the Supreme Court’s ruling. Thus Trump would have remained on the ballot in Colorado even if the Supreme Court had not issued its ruling until after the election.
In light of the court’s ruling, some may now criticize the plaintiffs for bringing this case in the first place. But if the Supreme Court ultimately counterbalances its Trump decisions by ruling against Trump on presidential immunity, the D.C. case can at least make it to trialor wrong to seek constitutional clarity where there is a meritorious question of law at issue—however it ultimately is resolved.
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