Ketanji Brown Jackson’s Audio Leaked Discussing Trump Case

 February 9, 2024

A Supreme Court Justice casts a skeptical eye on a state's decision.

Justice Ketanji Brown Jackson of the Supreme Court questioned Colorado's argument for barring former President Donald Trump from the state's presidential ballot.

During discussions, Justice Ketanji Brown Jackson expressed doubt over the interpretation of a critical constitutional amendment that Colorado has used to challenge the eligibility of a former president. The dialogue between the justices and the attorneys involved has unearthed a legal conundrum that hinges on the wording of the 14th Amendment and its historical context.

Historical Interpretation of the 14th Amendment

Justice Jackson's questioning took center stage as she delved into the historical underpinnings of the 14th Amendment's Section 3. Her inquiries suggested a possibility that the framers of the amendment might not have intended to include the presidency among the offices from which individuals could be disqualified. Jackson's examination of the amendment's wording and her plea for judicial caution introduce an additional dimension to the proceedings that may have widespread consequences.

In response to Justice Jackson's inquiries, the representative for those seeking Trump's disqualification, Attorney Jason Murray, referred to historical debates to support the notion that the presidency was included in the amendment's scope. Murray's argument emphasized the intent of the amendment's framers to prevent "charismatic rebels" from assuming federal office, which, in his view, extends to the presidency.

The absence of the word "president" in the list of offices mentioned in the amendment was a focal point for Jackson. She expressed her concern with clarity, stating:

The thing that really is troubling to me is, I totally understand your argument, but they were listing people that were barred, and ‘president’ is not there.

Absence of Presidential Mention in Text

Justice Jackson's point about the omission was poignant and raised questions about the original intentions of the amendment's authors. The explicit absence of the role of the president in the text of Section 3 leaves open to interpretation whether the framers deliberately excluded the highest office in the land from its provisions. This ambiguity in the language, as highlighted by Justice Kavanaugh as well, becomes a critical factor in the court's deliberation.

The Colorado State Supreme Court's decision to bar Trump from the ballot, rooted in the events of January 6, 2021, has not been accompanied by a formal court conviction of insurrection. This fact adds another layer to the discussion, as the Supreme Court is now tasked with interpreting whether such a disqualification is constitutionally sound without a conviction.

Justice Jackson further articulated her concern regarding the implications of this ambiguity on the democratic process. She cautioned against a reading of the amendment that could potentially undermine the will of the electorate:

And this sort of ties into Justice [Brett] Kavanaugh’s point. In other words, we had a person right there, at the time, saying what I’m saying. The language here doesn’t seem to include president. Why is that? And so if there’s an ambiguity, why would we construe it to, as Justice Kavanaugh pointed out, uh, against democracy?

Implications for the Future of Presidential Elections

This Supreme Court case is not simply about the eligibility of a single individual but rather about how the United States interprets its Constitution in determining the qualifications for its highest office. The Justices' discussion underscores the balance between historical intent and modern application, a balance that will influence American democracy for years to come.

As the case proceeds, the interpretations and arguments presented to the Supreme Court will be dissected with great interest. The outcome can set a precedent, not only for the specific case of former President Trump but for the eligibility of all future presidential candidates as well.

With Justice Ketanji Brown Jackson's probing, the Supreme Court dissects the 14th Amendment's text and historical exchanges to determine its application to presidential eligibility. The debate raises significant questions about the original meaning, judicial restraint, and the potential impact on democratic processes.

Colorado's bold move to bar a former president from the ballot without a conviction for insurrection opens Pandora's box of constitutional interpretation and the judiciary's role in electoral matters. The final decision by the Supreme Court will undoubtedly echo through the annals of American legal and political history.

About Aileen Barro

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

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