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The Supreme Court Should Get Out of the Insurrection Business

Posted on AllSides February 8th, 2024
From The Left
Damon Winter/The New York Times

The Supreme Court will hear arguments on Thursday about whether Colorado may keep Donald Trump off the presidential ballot because of the storming of the Capitol on Jan. 6, 2021. The justices should seek a ruling that is originalist, modest and respectful of America’s democratic federalism.

In particular, they should focus on two phrases: “the first insurrection of the 1860s” and “the fifty-state solution.”

The first phrase explains why Mr. Trump’s conduct squarely falls under Section 3 of the 14th Amendment, which bars from any “office, civil or military, under...

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