Rick Hasen: “The Supreme Courtroom’s unsigned majority opinion in Trump v. Anderson, ending Colorado’s try to disqualify Donald Trump from showing on the poll as an insurrectionist, is a exceptional self-own. It concurrently turned what might have been a brief, candy (if weakly reasoned) unanimous holding about states not having the person energy to disqualify presidential candidates from their ballots right into a bitter 5–4 dispute over the scope of Congress’ energy to disqualify candidates.”
“And if the bulk felt that it wanted to take the warmth from the court docket’s liberals and from Justice Amy Coney Barrett as a result of it needed to supply readability that Congress can’t attempt to disqualify Trump if he seems to be reelected when Congress counts Electoral School votes on Jan. 6, 2025, it made a multitude.”
“Main students and attorneys studying the opinion already disagree over what Congress can do and the way, retaining the door open to potential chaos. It’s a uncommon miss by a often strategic and savvy Chief Justice John Roberts.”
