Our experience with multiracial democracy often encounters resistance from the Supreme Court, but Monday’s unanimous 9-0 decision in Trump v. Anderson, where the justices ruled against Colorado’s attempt to exclude Donald Trump from the ballot, has left a significant mark.
According to an analysis by Matt Ford of The New Republic, the ruling was a clear misinterpretation of the Fourteenth Amendment, displayed a lack of understanding of constitutional and electoral processes, addressed questions not initially raised, and provided unsatisfactory answers.
The decision stripped away a constitutional safeguard that allowed voters to prevent an insurrectionist from appearing on the ballot. Instead, the court asserted that voters themselves must determine the eligibility of such candidates, leaving their decision subject to potential reversal through subsequent insurrections—a questionable approach to governance.
Legally speaking, the ruling was widely criticized, even by those who believed Trump should remain on the ballot. Beyond the legal quagmire, the decision quietly hinted at a harsh reality: the unanimous opinion suggested the court’s acknowledgment of the Republican Party’s lawlessness.
Justice Amy Coney Barrett’s caution against inflaming political tensions, especially during a presidential election, was perceived as ironic given her own rulings’ contentious nature. The court’s failure to address whether Trump had incited an insurrection was notable, as his legal team argued innocence on this charge.
Nonetheless, the court’s attempt to resolve the matter constitutionally implied a tacit admission of Trump’s wrongdoing, leading them to focus on the potential chaos of Colorado’s proposed remedy.
Throughout the decision, the court subtly indicted the GOP for its governance failures, particularly regarding electoral integrity. The court’s concern about an “evolving electoral map” and the potential manipulation of ballots underscored their unease with the GOP’s disregard for the rule of law.
While Democrats are unlikely to abuse power in a similar manner, instances of Republican officials threatening electoral interference raise concerns. Colorado Secretary of State Jenna Griswold, for instance, cited ongoing threats in the aftermath of the January 6 insurrection, highlighting the persistent challenges to democratic processes.
In essence, the Supreme Court’s ruling underscored broader concerns about the GOP’s adherence to democratic norms, particularly in the wake of the Trump era’s tumult. The decision raised questions about the integrity of electoral processes and the ability of states to safeguard against threats to democracy.