The test for the U.S. Supreme Court is not just what they should do, but how they should do it. As an institution, the Court is often called upon to seize such moments to bring unity and clarity on our core values. That is why this insidious opinion must not only be unequivocal but unanimous.
The Colorado decision to bar Donald Trump from the ballot will be overturned because it is wrong on the history and the language of the 14th Amendment.
Dead wrong.
The question is whether the US Supreme Court will speak with one voice, including the three liberal justices.
[I had a fun evening yesterday with some friends locally, and we discussed potential outcomes of the Supreme Court challenge. Nearly everyone predicted a 9-0 rejection of the COSC’s judicial bill of attainder, to which I comically cleared my throat and said sotto voce, “Eight to one.” That got a big laugh (they are a generous group of friends), but I’m concerned about an outcome that runs 6-3 or 7-2. The reverberations of an ideological split on the court will not be funny at all. — Ed]
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