The Supreme Court Is Not Up to the Challenge
The United States is in a moment of democratic crisis, and the Supreme Court has no idea what to do. Today, the Court held in Trump v. Anderson that Colorado cannot disqualify Donald Trump from the state’s primary ballot as an insurrectionist, a decision that functionally dooms the existing efforts to bar Trump from the presidency under Section 3 of the Fourteenth Amendment. On its face, the ruling is straightforward. All nine justices agreed that states do not have the power to disqualify candidates for federal office. Looked at more closely, though, that seeming unanimity papers over a roiling disagreement among the justices not only about how best to interpret the Fourteenth Amendment, but also about the appropriate role for the Supreme Court in this period of political and constitutional tension. Over the past several months, a variety of voters and advocacy organizations invoked Section 3 in efforts to block states from allowing Trump onto the ballot. Once the Colorado Supreme Court found that the Colorado secretary of state had acted permissibly in finding Trump …