Jill Lepore writes on the consequential Fourteenth Amendment ruling to keep Donald Trump on the ballot, and applies its logic to other constitutional cases on issues such as abortion rights and guns.
This term, the tables turned. In Trump v. Anderson, the Court agreed to review a decision by the Colorado Supreme Court to strike the former President’s name from that state’s Republican primary ballot. That court had found that Donald Trump, owing to his role in the events of January 6th, had been disqualified under Section 3 of the Fourteenth Amendment, which prohibits people who have sworn an oath to the Constitution and then engaged in an insurrection against it from holding office.
Heller, in 2008, and continuing down through New York State Rifle & Pistol Association v. Bruen, in 2022, the Court codified a new, individual-rights reading that it described as “original,” and devised history tests that any effort to curtail gun violence must pass in order to be deemed constitutional. Without the fealty to originalism that these cases demanded, there could be no Dobbs—no impossible test for abortion to fail.
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