Supreme Court takes up Colorado Trump case
- By MikeCorleone
- The Longhorn Corral
- 185 Replies
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The pragmatic and "correct" outcome in my opinion would be to rule it is a political issue to be decided by the voters.
However, the WSJ has a story today about the quandary this presents the conservative majority. They have generally been steadfast in strict " textualism and originalism" interpretations of the constitution. They are not fans of pragmatic applications, even when it arguably could lead to chaos:
"The conservative majority, including Chief Justice John Roberts, considers itself textualist and originalist, and conservative legal scholars such as Will Baude and Mike Paulsen have argued that textualism and originalism argue in favor of disqualifying Trump from office. The text of the Fourteenth Amendment is self-executing, they argue, and allows state officials to decide who has “engaged in insurrection” as they see fit, without enabling legislation from Congress. Both the Colorado and Maine decisions relied on Congress’s conclusion in its January 6 report that Trump had aided or assisted the insurrection.
. . .
The election cases will revive the debate between the more pragmatic Chief Justice Roberts and the rest of the conservative majority, which tends to be more devoted to textualism and originalism. In his votes to uphold the Affordable Care Act and to avoid formally overturning Roe v. Wade, Roberts has emphasized the importance of considerations such as respecting precedent or maintaining the Court’s nonpartisan legitimacy."
www.wsj.com
The pragmatic and "correct" outcome in my opinion would be to rule it is a political issue to be decided by the voters.
However, the WSJ has a story today about the quandary this presents the conservative majority. They have generally been steadfast in strict " textualism and originalism" interpretations of the constitution. They are not fans of pragmatic applications, even when it arguably could lead to chaos:
"The conservative majority, including Chief Justice John Roberts, considers itself textualist and originalist, and conservative legal scholars such as Will Baude and Mike Paulsen have argued that textualism and originalism argue in favor of disqualifying Trump from office. The text of the Fourteenth Amendment is self-executing, they argue, and allows state officials to decide who has “engaged in insurrection” as they see fit, without enabling legislation from Congress. Both the Colorado and Maine decisions relied on Congress’s conclusion in its January 6 report that Trump had aided or assisted the insurrection.
. . .
The election cases will revive the debate between the more pragmatic Chief Justice Roberts and the rest of the conservative majority, which tends to be more devoted to textualism and originalism. In his votes to uphold the Affordable Care Act and to avoid formally overturning Roe v. Wade, Roberts has emphasized the importance of considerations such as respecting precedent or maintaining the Court’s nonpartisan legitimacy."
Essay | The Supreme Court’s Election Dilemma
State decisions to bar Donald Trump from the ballot will force the justices to weigh strict originalism against the prospect of political chaos.
www.wsj.com
