There is no doubt the Republicans on SCOTUS (hereinafter R-SCOTUS) are lined up behind Trump in his criminal cases. The Colorado caseIn Trump v. Webster, all nine members of SCOTUS agreed that Colorado can not keep Trump off the ballot under the Insurrection Clause of the 14th Amendment. It prescribes no standards, and it arrogates power to SCOTUS at the expense of Congress. For example, in Cruikshank, SCOTUS said principles of federalism mean that the 14th Amendment only applies to state action. The per curium opinion selectively quotes one iota of the history of the 14th Amendment and ignores the rest.

Source: New York Times March 11, 2024 13:04 UTC