In reversing a decision by the Colorado Supreme Court that disqualified former President Donald Trump from that state’s ballot, the U.S. Supreme Court spoke with one voice on a matter of great legal and political importance — until it didn’t. This was the moment for the justices to demonstrate that they are not lawmakers pushing a policy agenda, but rather judges resolving disputes.
To explain why the court’s apparent agreement on this big constitutional question fell apart, we need to dive into the opinions. In the per curiam opinion, which is the controlling opinion, the court concluded that states cannot, on their own, enforce Section 3 of the 14th Amendment against Trump, a candidate for the presidency. The court concluded that “nothing in the Constitution delegates to the States any power to enforce Section 3 against federal officeholders and candidates.
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