It’s an unusual miss by a typically strategic and savvy chief justice.
, ending Colorado’s attempt to disqualify Donald Trump from appearing on the ballot as an insurrectionist, is a remarkable self-own. It simultaneously turned what could have been a short, sweet , it held that states cannot enforce Section 3 when it comes to federal offices. Among other things, the court held that this would create “chaos” through a “patchwork” of state approaches to whom and how to disqualify. Despite the unanimity on this point, the court included a five-paragraph Part II.
None of this bodes well for unanimity in the Trump immunity case, which is currently being slow-walked by the Supreme Court, or the rest of the election-related litigation that is sure to hit the court between now and the election—or potentially in the months
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