Throughout arguments in Anderson, the justices purported to be experts at staying in their lane and avoiding interference with the political process.
It is only going to be a little bit galling when the Supreme Court, in a unanimous or near-unanimous vote, determines in a few weeks that, the long-awaited ballot disqualification case, almost all the justices centered their worries less on text and history than on the chilling prospect of, as Chief Justice John Roberts put it, the “plain consequences” of greenlighting a regime in which “a goodly number of states will say, whoever the democratic candidate is, ‘you’re off the ballot.
Call it judicial cowardice or call it long-lost judicial humility, but the consensus view among the justices was that a lack of uniformity, coherence, and certainty—as well the fear of vexatious acts and petty mischief— precluded the court from allowing the words of the 14to show that, yes, Section 3 bars insurrectionists from the White House, up to and including Trump. Yet the justices seemed terrified that disqualifying him from the ballot could unleash chaos in future elections.
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