Somebody contained in the Supreme Courtroom places of work at present.
Everybody is aware of the Fourteenth Modification was drafted and ratified within the shadow of the Civil Battle by a populace deeply involved about stopping those that attempt to undermine the Republic by pressure from ever holding elected workplace off the again of the mob, however what the US Supreme Courtroom presupposes is… maybe it wasn’t. With apologies to the Royal Tenenbaums, the unanimous Courtroom determined that solely Congress — and never the person states — can implement Part 3 of the Fourteenth Modification to maintain a presidential candidate off a poll.
How can states hold folks below 35 or those that aren’t pure born residents off their ballots? Perhaps the Courtroom’s Marauder’s Map copy of Article II says one thing about it being self-executing? No matter! They don’t care! The purpose is, the Supreme Courtroom agrees 9-0 that Colorado can’t kick Trump off the poll.
Besides… they didn’t all agree with the bulk opinion. Reasonably than kick Colorado to the curb by merely acknowledging that having patchwork election legal guidelines — a actuality that the Supreme Courtroom explicitly endorses relating to state-by-state voter suppression — would create “a chaotic state-by-state patchwork, at odds with our Nation’s federalism ideas,” to cite the dissent.
Oh wait… did I say “dissent”? As a result of there have been no dissents, solely concurrences crafted to convey the Courtroom’s unity of objective. Justice Sotomayor’s concurrence criticizes the bulk’s determination to transcend resolving the dispute at hand to craft an pointless framework to additional neuter that Fourteenth Modification, however it’s expressly not characterised as a dissent.
OR WAS IT?
The Supreme Courtroom: Our deliberations should be stored within the highest secrecy!
Additionally the Supreme Courtroom: [Butt dials a reply all]
So now we all know that, in some unspecified time in the future, Justices Sotomayor, Kagan, and Jackson agreed to drop the phrase “dissenting” from the opinion to salve the bulk’s emotions and the Courtroom simply smashed the purple publish button with out taking the time to clean it.
Didn’t each legal professional determine this out a decade in the past?
What did the liberals get in trade for softening — a minimum of in title solely — their opinion? Who is aware of? Perhaps the eventual Trump immunity opinion will embody some hints.
Maybe buried within the metadata.
Earlier: John Roberts SHOCKED By Prospect Of Presidential Elections Decided By ‘Handful Of States’
John Roberts SHOCKED By Prospect Of Presidential Elections Decided By ‘Handful Of States’
Joe Patrice is a senior editor at Above the Legislation and co-host of Thinking Like A Lawyer. Be happy to email any suggestions, questions, or feedback. Observe him on Twitter in case you’re curious about legislation, politics, and a wholesome dose of faculty sports activities information. Joe additionally serves as a Managing Director at RPN Executive Search.