This writer previously and recently scribed for this site the outcomes in both the Colorado Supreme Court and by Maine’s Secretary of State, both denying Trump ballot access in their respective states due to the language of Section 3 of the 14th Amendment. As of Jan. 5, the Supreme Court decided to hear the Colorado case [specifically identifying the issue whether that state’s high court “erred” in its decision], fear, intimidation, threats of physical harm, even swatting of one’s home (as occurred with Maine’s election official), can never replace the rule of law exercised by those wearing the black robe. The Constitution and our democracy were intended to promote debate, even vociferously so, on policy and on issues, not to be forsaken by an authoritarian or wannabe dictator’s rule that silences those who oppose him, including jurists making momentous decisions like what was done in Colorado and in Maine.
The high court must apply the rule of law without fear or favor, politics be damned. Yes, much has also been reported about maybe the majority of the nine justices will look for an offramp—lessening its already questioned reputation as a political body in recent times—in so doing, allowing voters to decide whether an insurrectionist should be allowed back in the Oval Office. Or, perhaps, punting by deciding Section 3 is not self-executing or is too vague to read it with the same tongue the founders used who had its words inscribed through the democratic process before the provision was finally adopted. Or even what the founders meant in this section when using the words “officer”, “insurrection”, or “engaging” (as in an insurrection). To be persuaded by any of these “off ramps” is to avoid the clear language of Section 3 and the unalterable facts involving Trump objectively shown to now exist on and before Jan. 6.
Our democracy is too scared and worthy to sacrifice the rule of law, even if that means disqualifying Trump from running for public office, affirming the Colorado Supreme Court’s application of Section 3 of the constitution.
Miles Zaremski is a resident of the Village of Dunedin.
