![]() ![]() President Trump held a campaign rally as he battles to become the Republican Presidential nominee for the 2024 Presidential election. ![]() ![]() President Donald Trump looks on during a campaign rally at the Reno-Sparks Convention Center on Decemin Reno, Nevada. RENO, NEVADA - DECEMBER 17: Republican Presidential candidate former U.S. Yes, it was also resolving legal disputes - but with an eye toward the broader institutional, and political, implications of its actions. Madison in 1803 (in which the court established its power to strike down federal laws in a ruling that President Thomas Jefferson couldn’t ignore even if had wanted to) to some of its most significant (if less-well-known) rulings after the Civil War, to the desegregation cases in the 1950s and 1960s, to the Watergate tapes case in 1974, the Supreme Court has regularly approached its job at least partly from the perspective of how best to preserve the legitimacy of the court both in the eyes of the public and in the eyes of the other branches it checks and balances. In essence, the question the justices kept coming back to was, if Section 3 of the 14th Amendment disqualifies those who engage in “insurrection” from future federal office, which institution in our system is best situated to decide whether a specific person meets that threshold? Although the justices may not all agree on what the right answer is, there seemed to be at least seven votes, and perhaps as many as all nine, for the proposition that the Colorado Supreme Court isn’t it - not because of anything the Constitution says, but because of the consequences that would follow if it were.įrom a historical perspective, it’s not remotely surprising to think the justices might structure their decision on the insurrection case around these kinds of institutional considerations. What’s especially remarkable about this line of questioning is how transparently political it is - not from the perspective of partisan politics, but rather the high politics of institutional relationships. ![]()
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