“Another slow day at the office?”

It was Thursday afternoon, and Justice Elena Kagan was settling in for a public conversation at the Library of Congress. She had agreed to it long before the Supreme Court scheduled an extraordinary special session for that morning, to hear arguments over whether former President Donald J. Trump is eligible to hold office again.

The audience laughed knowingly at this opening question, from Chief Judge Jeffrey S. Sutton of the U.S. Court of Appeals for the Sixth Circuit. Justice Kagan said the sequence of events had an upside.

“It would be impossible to make any news today,” she said, “because everybody would be focused on the morning.”

Still, the conversation had telling moments, not least because Judge Sutton is the author of two books on the role states should play in making constitutional law. Hours earlier, Justice Kagan had, by contrast, scoffed at the idea that Colorado should be able to decide whether Mr. Trump could remain on the primary ballot there.

“The question that you have to confront,” she told a lawyer for voters challenging Mr. Trump’s eligibility, “is why a single state should decide who gets to be president of the United States,” adding: “This question of whether a former president is disqualified for insurrection to be president again is, you know — just say it — it sounds awfully national to me.”

That statement, from one of the court’s liberal members, along with skepticism from a majority of the justices, suggested that Mr. Trump was likely to prevail in the case and would be allowed to stay on the ballot around the nation unless Congress acted.

source

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Trump Indictment Presents New Obstacle in Spending Fight as Shutdown Looms

The political furor over the indictment this week of former President Donald…

Inexpensive Add-on Spawns a New Era of Machine Guns

Caison Robinson, 14, had just met up with a younger neighbor on…

The Iowa State Fair Continues Friday, as Republican Candidates Seek a Moment

The butter cow is carved. The pork chops are prepped. And the…

Company Recalls Ice Cream Products Over Listeria Contamination Concerns

An ice cream company based in Brooklyn has issued a recall of…