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In terms of the legal issues involved, the ruling is, for lack of a more polite description, garbage — a sentiment that, as Ford RecordThat view is shared by many, including those who genuinely believe that Trump should remain on the ballot. But beyond the fiery judicial arguments left on the court’s steps, there lurks a rather grim truth in the decision: The Roberts Court seems unanimous in its view that the Republican Party is truly, dastardly, and lawless.
“How could the Court so badly undermine its ruling?” Ford asked. “The simplest answer would seem to be fear.” Fear was particularly evident in Justice Amy Coney Barrett’s admonition to the liberal trio’s fiery unanimous opinion. “In the turbulent season of a presidential election, the Court has resolved a politically sensitive issue,” she wrote. “Especially in this case, writing about the Court should lower the national mood, not raise it.” There is some irony in that line coming from a justice whose rulings, particularly on abortion rights, have dramatically raised “the national mood” and created considerable confusion in the process.
But as The New Republic Written by Jess Coleman joked“When a party explicitly chooses an insurrectionist as its candidate, things are bound to get messy.” It is in this regard that the court has curiously avoided taking the obvious escape route: questioning whether Trump actually aided insurrection. Trump’s legal team offered that way out, arguing that the former president had not committed such an act of insurrection. Still, as Ford told me, the majority constitution The argument advanced by Trump’s lawyers in their defense that he did engage in insurrection applies only if, other things being equal, he did engage in insurrection is a sign that the Supreme Court recognized this by choosing to address the matter on a constitutional basis: They concluded that Trump had done exactly what the Fourteenth Amendment prohibits. From that point on, their task became to provide a basis for the argument that Colorado’s remedy would cause too much confusion if enacted.
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