WASHINGTON — After supporters of then-President Donald Trump stormed the Capitol on Jan. 6, 2021, ominous fencing was erected to protect surrounding buildings.
One of the buildings that needed protecting was the grand marble structure across the street from the Capitol: the Supreme Court.
But during
oral arguments on Thursday over Colorado’s effort to kick Trump off the Republican primary ballot, the justices asked little about a key question in the case: Was Jan. 6 an insurrection?
Instead, the court looks likely to
rule in favor of Trump on other grounds, allowing the justices to avoid taking sides on such a contentious issue.
Based on the two-hour oral argument, it appeared there was a majority that would find that states do not have the authority to enforce Section 3 of the 14th Amendment, which bars people who previously held government positions and “engaged in insurrection” from holding federal office.
Justices asked questions on all manner of legal technicalities, including whether the president is covered by Section 3 and whether Congress needs to pass legislation to enforce it. In skirting the insurrection question, they also probed who gets to decide whether an insurrection took place, with several suggesting states should not have that power.
