On Monday morning, the Supreme Court handed down a unanimous 9-0 ruling: States, under the 14th Amendment, cannot bar Donald Trump from the 2024 ballot.
Here’s how the New York Times reported the news:
Though the justices offered different reasons, the decision was unanimous. All agreed that individual states may not bar candidates for federal office under a constitutional provision, Section 3 of the 14th Amendment, that bars insurrectionists from holding office.
The decision was the court’s most important ruling concerning a presidential election since Bush v. Gore handed the presidency to George W. Bush in 2000.
This should NOT be unexpected.
There was NO way that the Supreme Court was going to tip the election to Joe Biden by banning Trump from the ballot. NONE. Because, politically, it would have been an utter disaster.
I also would argue that this is a GOOD thing for democracy. The ONLY way that Trump will be diminished (or disappear) from our national politics is to beat him at the ballot box. Anything other than a rejection by the public would simply affirm — for some chunk of people — that the “Deep State” really was out to get him.
I explain MUCH more on all of this below.
I agree it may be a good thing for democracy, but what does the Insurrection Clause mean then? I teach US History, and would like to explain it to my high school students. The clause does not say that it only applies to the 1860s insurrection. Did the court even try to explain what they think the clause means? Or did they pretend Trump wasn't part of the 2021 insurrection?
Why we must continue to treat this SOB and his followers with kid gloves amazes and dumbfounds me.