TL;DR NY Times predicts trump will remain on the ballet and the ruling will likely have a very narrow basis in hopes of achieving unanimous consensus from the court.
TL;DR NY Times predicts trump will remain on the ballet and the ruling will likely have a very narrow basis in hopes of achieving unanimous consensus from the court.
I thoroughly agree with you that the most likely argument that comes from the Supreme Court in regards to Trump’s eligibility to serve will hinge on the application of due process, and what that means in the case of insurrection. As you said, there was not a formal criminal tribunal or insurrection charges filed during the post-war reconstruction. It seems to have just been defacto applied via the actual ratification of the 14th Ammendment, and was understood to unanimously bar confederate representatives from serving in government.
I think all of the historical context as well as the spirit of the law does need to be closely examined. However, my fear is that no matter what the outcome of that examination may be it will only serve to further erode public trust in the judicial system due to the (valid) perception of political corruption within the Supreme Court, as well as their continuous inaction, which serves to telegraph a lack of concern or desire to avoid the prudential and consistent application of the law.