The Court's Moment
Perilous times ahead for America's most legitimacy-challenged institution
Let’s do a quick thought exercise.
The Colorado Supreme Court rules that a former president and leading presidential candidate incited an insurrection and is ineligible to serve again as president under Section 3 of the 14th Amendment.
The case is appealed to the U.S. Supreme Court.
The presidential candidate in question is a Democrat.
Does the Supreme Court uphold the Colorado decision?
In truth, we have no idea what the answer would be. There are weighty constitutional and political issues in play regardless of who ultimately would be precluded from the ballot.
But if you find yourself thinking it would be easier for this particular Court to uphold the Colorado decision if a Republican wasn’t in the crosshairs, you’re picking up on the key vulnerability that’s plaguing the institution as it faces its most electorally-charged moment since Bush v. Gore.
