Constitutional Law
Mar. 21, 2024
The decision may have been unanimous, but many issues went unaddressed
The decision leaves open many questions about the meaning and implementation of Section 3, especially the criteria of “congruence and proportionality” for congressional legislation. The Court will have another opportunity to clarify these issues in the upcoming appeal of U.S. v. Trump, the criminal case against the former president.
Philip M. Howe
Howe is a member of the California and Massachusetts State Bars, having last practiced in California in 2019.
The U.S. Supreme Court has reversed the Colorado Supreme Court ruling that Donald Trump may appear on the Colorado 2024 presidential primary ballot. The decision was unanimous, but four Justices – Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson filed significant concurring opinions. Page references are to the pages in the decision as published by the Court. Trump v. Anderson, U.S. Supreme Court, 601 U.S. (March 4...
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