SCOTUS Restores Trump to the Colorado Ballot, Unanimously (Kind Of)
Dive into the latest episode of "Strict Scrutiny," where hosts Melissa Murray, Leah Litman, and Kate Shaw dissect the Supreme Court’s recent unanimous decision regarding the qualifications of candidates under Section 3 of the 14th Amendment. A focal point of discussion is the ruling on states' inability to disqualify candidates, notably Donald Trump, from election ballots. The episode unpacks the complexities and controversies surrounding the court's decision, exploring the implications of the court's interpretation and the potential motivations behind the timing of this contentious ruling.
As the discourse unfolds, the trio of legal experts examines the broader ramifications for Congress's authority to enforce Section 3 and the ramifications of setting a precedent that may hinder congressional efforts to disqualify insurrectionists. The hosts juxtapose the ruling’s minimalistic approach to the January 6th insurrection against the detailed objections of the court's Democratic appointees, revealing a stark division in judicial perspective. "Strict Scrutiny" challenges its listeners to contemplate the balance of power between the judiciary, Congress, and the broader impact on America’s electoral integrity.
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1-Page Summary
Supreme Court ruling states lack authority to disqualify candidates under Section 3
The Supreme Court has unanimously determined that states do not have the authority under Section 3 of the 14th Amendment to disqualify candidates, including Donald Trump, from ballots. The decision has sparked controversy, with critics claiming that the court has potentially overreached and limited Congressional power. Particularly, apprehensions have been raised that the court's interpretation of Congress's exclusive right to remove such a disqualification by two-thirds vote is contrary to the plain meaning of the text, with the timing of this decision being questioned in relation to the urgency of the upcoming election cycle. Accusations suggest the court's majority may have acted with intention to indirectly protect Trump, possibly shadow banning the amendment by restricting disqualification solely to congressional action.
Impact on enforcing Section 3 in future
Concerns are voiced regarding the potential impact of the Supreme Court decision on the future enforcement of Section 3. The decision constrains Congress by setting a precedent that upholds significant limitations on its ability to disqualify insurrectionists, which includes demands of congruence and proportionality. It is suggested that these constraints could render Congressional efforts futile unless a two-thirds majority is achieved to pass relevant legislation. Historically, Congress has had the authority to determine qualifications and exclude insurrectionists without specific laws, creating tension with the Court's current stance. Critics worry that the Supreme Court is arrogating power over the Reconstruction Amendments, with the potential to invalidate future Congressional legislation aimed at disqualifying candidates like Trump, essentially stripping Congress and the courts of the ability to enforce Section 3 effectively.
Court minimizing January 6th attack and role of Section 3
The majority opinion of the Supreme Court has been criticized for seemingly minimizing the January 6th attack in considering the enforcement of Section 3. Critics assert that the limited reference to January 6th in the ruling diminishes its constitutional significance. Furthermore, there are concerns that the ruling obscures Congress's powers, questioning the court's recognition of Section 3's broader application beyond the post-Civil War context. The differentiation between the majority's scant reference and the detailed perspective of the three Democratic appointees exemplifies a divide in how seriously the court views the implications of the January 6th insurrection on the applicability of Section 3. The expeditious manner of the court's decision has added to fears that the significance of such events is being downplayed in the judicial consideration of constitutional safeguards.
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Clarifications
- Section 3 of the 14th Amendment was originally intended to address the aftermath of the Civil War by barring individuals who engaged in rebellion or insurrection from holding public office unless pardoned by Congress. It specifically targeted those who had taken an oath to support the Constitution but later participated in rebellion. The recent Supreme Court ruling clarified that states do not have the authority to disqualify candidates based on Section 3, emphasizing Congress's role in determining such disqualifications. The decision has raised concerns about the limitations it imposes on Congress's ability to enforce Section 3 and the potential implications for future cases involving insurrectionists seeking public office.
- Congressional authority to disqualify candidates is a power granted to Congress under Section 3 of the 14th Amendment. This section allows Congress to disqualify individuals who have engaged in insurrection or rebellion against the United States from holding public office. The Supreme Court's recent ruling clarified that states do not have the authority to independently disqualify candidates under this provision, emphasizing Congress's exclusive role in this matter. The decision has raised concerns about the limitations imposed on Congress's ability to enforce Section 3 without a two-thirds majority vote.
- The January 6th attack refers to the storming of the U.S. Capitol on January 6, 2021, by supporters of then-President Donald Trump. This event disrupted the certification of the 2020 presidential election results and led to violence, injuries, and deaths. It is considered a significant event in U.S. history due to its impact on democracy, the peaceful transfer of power, and the security of the Capitol. The attack prompted widespread condemnation and raised concerns about the state of American democracy and the potential for political violence.
- The Supreme Court's interpretation of Section 3 of the 14th Amendment relates to the provision that addresses disqualification of individuals who have engaged in insurrection or rebellion against the U.S. government. Historically, this section was included in the 14th Amendment after the Civil War to prevent former Confederates from holding public office unless Congress removed their disqualification by a two-thirds vote. The Court's recent ruling on Section 3 has sparked controversy due to its implications for the balance of power between Congress and the judiciary in enforcing this provision.
Counterarguments
- The Supreme Court's ruling may be seen as a strict interpretation of the Constitution, emphasizing the importance of adhering to the text as written.
- The decision could be argued to protect the federal structure of the United States by ensuring that states do not overstep their constitutional boundaries in matters of federal elections.
- The ruling may be viewed as reinforcing the separation of powers by clarifying the roles and limitations of different branches and levels of government.
- The court's interpretation could be seen as a safeguard against potential partisan use of disqualification powers by individual states.
- The decision might be considered a defense of due process, ensuring that any disqualification of candidates follows a clear and constitutionally mandated process.
- The ruling does not necessarily minimize the January 6th attack but rather focuses on the legal interpretation of the Constitution, which is the court's primary responsibility.
- The court's expedited decision could be justified by the need for timely clarification of the law before the upcoming election cycle.
- The Supreme Court's role is to interpret the law, not to legislate, and the decision could be seen as an example of the court avoiding judicial activism.
- The criticism of the court's potential invalidation of future Congressional legislation may be premature, as the ruling does not preclude Congress from acting within its constitutional authority.
- The divide in the court's views may reflect a healthy diversity of opinion and legal interpretation among the justices, which is a cornerstone of the judicial system.
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Supreme Court ruling states lack authority to disqualify candidates under Section 3
The Supreme Court has ruled that states lack the authority to disqualify candidates, such as Donald Trump, from the ballot under Section 3 of the 14th Amendment. This unanimous decision revealed a divide in the Court's reasoning, leading to criticism of overreach and potential protection of Trump.
Court's reasoning is flawed; went further than necessary
Criticism has been leveled at the majority for potentially overreaching and limiting Congress's power under the Reconstruction amendments. The Court, through a per curiam opinion, stated that the power to disqualify insurrectionists lies solely with Congress, but it also suggested there are substantial limits on how Congress can do so. Democratic appointees hint at the possibility that the Court is acting to favor Donald Trump, connecting the timeline of this decision with the granting of certiorari in the Trump immunity appeal concerning January 6.
Shaw and Litman question the Court's interpretation of Section 3, notably the logic behind the Court's language concerning Congress's exclusive right to remove such a disqualification by a two-thirds vote. They view the interpretation as illogical and contrary to the text's plain meaning, pointing out that the legal declaration made by the Court conflicts with logical understanding. Moreover, they criticize the speed of the decision in relation to its perceived flawed logic and reasoning.
Criticism of majority for overreach and limiting Congress
The ruling's rapid issuance suggests the Court's awareness of the election timeline, which has raised questions about the timing of the decision in relation to the upcoming election. The majority's view on enforcing Section 3 has been criticized for seemingly "shadow banning" the amendment by limiting disqualification of officeholders to congressional legislation.
Murray observes the Supreme Court's history of diminishing Congress's legislative actions and enhancing its absence of ...
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Supreme Court ruling states lack authority to disqualify candidates under Section 3
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Clarifications
- A per curiam opinion is a decision issued by a court as a whole, rather than by a specific judge. It represents the collective view of the court or panel of judges that heard the case. Per curiam opinions are typically brief and may be used for summary decisions or cases resolved without full argument and briefing.
- Certiorari is a legal process used to request a higher court to review a decision made by a lower court or government agency. It allows the higher court to examine the record of the lower court's decision. This process is commonly used in countries with legal systems influenced by English common law. The term "certiorari" originates from Latin and signifies a request for more certainty in legal matters.
- Insurrectionists are individuals who engage in or support an armed rebellion or uprising against a government, often in response to perceived tyranny or oppression. They believe in using force to resist or overthrow a government they view as oppressive or illegitimate. The term "insurrectionist" is commonly associated with those who advocate for armed resistance as a means to challenge governmental authority. This concept is relevant in discussions about the use of force in political contexts and the interpretation of constitutional rights.
- Shadow banning is a practice where a user's content is blocked or hidden from others in an online community without the user realizing it. This can lead to the user's posts being visible only to themselves, while others cannot see them. It is often used to deter unwanted behavior like spamming or trolling by making the user think their content is still visible when it is not. The term originated in online forums and has evolved to encompass various methods of limiting a user's visibility without their knowledge.
- A concurring opinion is a written opinion by a judge who agrees with the court's decision but provides different or additional reasons for their agreement. It is not the majority opinion but can offer insights into the legal reasoning behind a decision. Concurring opinion ...
Counterarguments
- The Supreme Court's unanimous decision may reflect a careful and principled interpretation of the Constitution rather than overreach.
- The Court's decision to limit state authority could be seen as a protection of federalism and the balance of power between state and federal governments.
- The ruling may be intended to preserve the uniformity of qualifications for federal office across all states, preventing a patchwork of state-imposed eligibility requirements.
- The suggestion that the Court is protecting Trump may overlook the broader implications of the ruling for all candidates and the electoral process.
- The speed of the decision could be justified by the need for timely resolution given the proximity to an election, ensuring clarity in the electoral process.
- The Court's history of interpreting congressional actions and inactions could be viewed as part of ...
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Impact on enforcing Section 3 in future
In their discussion, Leah Litman and Melissa Murray voice concerns about recent Supreme Court decisions that may hinder the enforcement of Section 3 of the 14th Amendment regarding the disqualification of candidates who have engaged in insurrection or rebellion against the United States.
Constraints on Congress disqualifying candidates
Leah Litman reflects on the troubling possibility that even if Congress passed legislation to disqualify former President Trump, the Supreme Court might strike it down, suggesting there are at least two votes on the Court against such legislation. This notion is based on the decision that establishes substantial limits on how Congress can disqualify insurrectionists, with a required standard of congruence and proportionality.
The speakers propose that the Supreme Court’s decision could prevent Congress from disqualifying candidates in the future by dictating the conditions under which Congress's power should be exercised. The Court has indicated that disqualifying federal officeholders under Section 3 would need federal legislation, potentially tying Congress’s hands unless a two-thirds majority is secured.
Shaw questions the alignment of historical practices, such as Congress determining the qualifications of its members and excluding insurrectionists without specific legislation, with the Court's interpretation.
Court arrogating power over Reconstruction Amendments
Melissa Murray points out that the Supreme Court has a history of invalidating legislation that Congress enacted under Section 5 of the 14th Amendment, implying that there may be constraints on Congress regarding the disqualification of candidates due to the Court's interpretation of what kind of laws Congress is permitted to enact.
Litman speculates that the current Supreme Court could find congressional legislation disqualifying Trump inconsistent with the Court's understanding of Section 3, making it non-remed ...
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Impact on enforcing Section 3 in future
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Clarifications
- Section 3 of the 14th Amendment deals with the disqualification of individuals who have engaged in insurrection or rebellion against the United States. It gives Congress the power to pass legislation to disqualify such individuals from holding federal office. Recent discussions highlight concerns about how the Supreme Court's interpretation of Section 3 could limit Congress's ability to enforce this provision, potentially affecting future elections and the disqualification of certain candidates. The Court's rulings and historical context play a significant role in shaping the constraints and implications surrounding the enforcement of Section 3.
- The constraints on Congress disqualifying candidates stem from recent Supreme Court decisions that have set limits on how Congress can exercise its power under Section 3 of the 14th Amendment. These constraints suggest that any legislation passed by Congress to disqualify candidates, such as former President Trump, must meet specific standards of congruence and proportionality to avoid being struck down by the Court. The Court's rulings indicate that Congress may need federal legislation and potentially a two-thirds majority to disqualify federal officeholders under Section 3, which could restrict Congress's ability to enforce this provision without meeting these criteria.
- The phrase "Court arrogating power over Reconstruction Amendments" suggests that the Supreme Court is seen as taking excessive control or authority in interpreting and applying the amendments that were created during the Reconstruction era following the Civil War. This implies a concern that the Court may be overstepping its role by setting strict guidelines or limitations on how Congress can enforce these amendments, potentially impacting the balance of power between the branches of government. It reflects worries that the Court's interpretations could restrict Congress's ability to pass laws related to the disqualification of candidates under the 14th Amendment's Section 3, which deals with issues like insurrection and rebellion against the United States.
- The implications of the Supreme Court's ruling on congressional enforcement suggest potential limitations on Congress's ability to disqualify candidates under Section 3 of the 14th Amendment. The Court's decisions could restrict Congress's power by setting conditions for legislation aimed at disqualifying individuals involved in insurrection. This could impact future enforcement actions related to the disqualification of candidates who have engaged in rebellion against the United States. The Court's interpretation may influence how Congress exercises its authority in enforcing Section 3, potentially shaping the landscape of future electoral processes.
- Historically, Congress has had the authority to determine the qualifications of its members without the need for specific legislation. This practice has been rooted in the Constitution's text and the understanding that Congress has the inherent power to establish its own rules and standards for membership. This flexibility has allowed Congress to address issues related to the qualifications of its members as they arise, without always requiring new laws to be passed. This historical precedent has shaped the way Congress has traditionally handled matters related to the eligibility and disqualification of individuals seeking to hold federal office.
- The Supreme Court has a history of invalidating legislation enacted under Section 5 of the 14th Amendment. This section grants Congress the power to enforce the provisions of the amendment. The Court has set limits on the types of laws Congress can pass under this authority, leading to constraints on congressional actions related to enforcing certain aspects of ...
Counterarguments
- The Supreme Court's decisions may be an attempt to maintain a balance of power and prevent overreach by Congress, ensuring that any action to disqualify candidates is grounded in clear, constitutional standards.
- The requirement for congruence and proportionality could be seen as a safeguard to protect individuals from arbitrary or politically motivated disqualification by Congress.
- The Court's interpretation of Section 3 might be an effort to adhere strictly to the text and original intent of the Constitution, rather than allowing for a more expansive reading that could lead to unintended consequences.
- The historical practices of Congress may not necessarily align with current constitutional interpretations, and the Court's role is to interpret the Constitution as it stands today.
- The Supreme Court's invalidation of legislation under the 14th Amendment could be viewed as part of its duty to ensure that laws do not exceed the constitutional authority granted to Congress.
- The Court's potential ruling on legislation disqualifying a candidate like Trump could be based on a principled legal analysis rather than political considerations.
- The Supreme Court's role in setting out requirements for Congress's enforcement actions could be seen as necessary to provide clarity and guidance on the proper applicati ...
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Court minimizing January 6th attack and role of Section 3
In the discussion, Murray critiques the majority opinion of the Supreme Court for appearing to minimize the significance of the January 6th attack and its relevance in the context of enforcing Section 3 of the 14th Amendment. This criticism is rooted in the argument that the court's opinion, which referenced January 6th in a limited manner, implies a reduction of the incident's constitutional importance.
Melissa Murray emphasized that the intent behind Section 3 was to address insurrectionists more broadly, rather than specifically former Confederates, which she believes the court failed to acknowledge sufficiently. Shaw raised concerns about the ambiguity of the ruling, questioning whether the court's opinion limits Congress's ability to disqualify an insurrectionist during its counting functions, such as the joint session which was the target on January 6th.
The contrast drawn between the majority's minimal discuss ...
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Court minimizing January 6th attack and role of Section 3
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Clarifications
- Section 3 of the 14th Amendment to the United States Constitution deals with the issue of individuals who have engaged in insurrection or rebellion against the U.S. government. It prohibits those who have taken part in such activities from holding public office unless they receive a pardon from Congress. This section was originally included in the 14th Amendment as a response to the Civil War and aimed to address concerns about former Confederates holding positions of ...
Counterarguments
- The Supreme Court's limited reference to January 6th could be seen as an effort to maintain judicial restraint and focus on the legal questions at hand rather than the political context.
- The interpretation of Section 3 of the 14th Amendment may vary, and the court's narrower focus could reflect a strict textualist or originalist approach to constitutional interpretation.
- The court's decision may have been driven by a desire to avoid setting a broad precedent that could have unintended consequences in future cases involving allegations of insurrection or disqualification from office.
- The disparity in the level of detail between the majority opinion and the dissenting justices' account could be attributed to differing judicial philosophies rather than an intentional minimization of the events of January 6th.
- The court's ruling may have bee ...
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