The Western Journal
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Even a left-wing Supreme Court justice has questioned Colorado’s deranged argument for disqualifying former President Donald Trump from the state’s presidential ballot.
In an audio recording from inside the Supreme Court on Thursday — broadcast on C-SPAN and posted to the social media platform X — Justice Ketanji Brown Jackson noted an obvious problem with Colorado’s contention that Section 3 of the 14th Amendment allows for Trump’s removal from the state’s presidential ballot.
In short, Jackson pointed out that the 14th Amendment’s third section does not mention the office of president.
The full text of that third section reads as follows:
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
Jackson, of course, had it right. The disqualification based on “insurrection or rebellion” applied to congressional offices, as well as presidential and vice-presidential electors. It also listed “any office, civil or military.” But it did not expressly mention the presidency.
In her questioning of Jason Murray, attorney for the group seeking to disqualify Trump from Colorado’s ballot, Jackson made a strong historical argument, expressed skepticism about Colorado’s interpretation of Section 3 and even, in the end, gave nods to both original meaning and judicial restraint.
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