The Colorado Supreme Court didn’t exactly get the law wrong when it ordered election officials to strike Donald Trump from the ballot. The problem is there was no law to get right.
Almost no case law exists on Section 3 of the 14th Amendment. On a clean judicial slate, judges are asked to decide whether the provision applies to the presidency, who has standing to sue, what counts as “engaging” in an insurrection, what kind of process is due and, most important, what counts as an “insurrection” in the first place. The Colorado justices themselves described the case as “uncharted.”
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