We can guess that the bulk of this hidden dissenting opinion, which in the final version appears only a a concurrence, was authored by Justice Sonia Sotomayor.
The threat posed by Trump and the MAGA movement, like the Confederate States, is not “conservative” or even “extremist” but criminally anti-democratic.
Much attention has been focused on the "insurrection" clause (Section 3) and whether Trump should be allowed to hold office, given his role in the Jan 6th attempted insurrection, his actions are also at odds with other key provisions of the amendment
From the day he took office, he had no intention to “preserve, protect, and defend,” no less “support” the Constitution.
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A closer look at the Supreme Court hearing whether Trump is disqualified from the ballot based on the Fourteenth Amendment's insurrectionist clause.
The simple reality is that the future of American democracy is as much on the line now as it was in 1866. That was lost in yesterday’s arguments, but should have been central to them.
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Marc Elias discusses an update in Trump's ongoing disqualification cases.
If the court does not “honour the original meaning of the 14th amendment and disqualify Donald Trump,” an eminent historian writes, “it will trash the constitutional defense of democracy designed following slavery’s abolition”
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