In Trump Ruling, Supreme Court Buries a Fantasy: Noah Feldman

The Supreme Court has unanimously concluded that Colorado can’t keep Donald Trump off the ballot. Section 3 of the 14th amendment, which says that a former officeholder who becomes an insurrectionist can’t hold federal office, won’t save us from a potential second Trump presidency. The court correctly rejected what I would call the National Treasure theory of the US Constitution, according to which an obscure, almost discarded provision could have determined the outcome of a presidential election. Now it’s up to we the people to save our democracy.

The court’s opinion was an unsigned per curiam, which means no single ...