Turley Suggests Even Liberal Justices Turning On Biden

By Victor Winston, updated on February 8, 2024

In a landmark discussion that could shape the future of American politics, the Supreme Court recently dove deep into the intricacies of the 14th Amendment, focusing on its implications for former President Donald Trump's eligibility for the 2024 ballot.

The Court's skepticism, particularly from its left-leaning justices, toward arguments for disqualifying Donald Trump under the 14th Amendment pinpointed the crux of the debate.

Fox News contributor Jonathan Turley labeled the Court’s reaction to the arguments as "perfectly glacial," indicating a less than warm reception to the notion that Trump should be barred from future office under this specific constitutional provision. This sentiment came as a surprise to some, given the heated nature of debates surrounding the Amendment's interpretation.

Interpreting the 14th Amendment's Reach

The core of Thursday's oral arguments revolved around whether the presidency is encompassed by the 14th Amendment's Section 3, which prohibits individuals who engaged in insurrection from holding office. Justice Sonia Sotomayor and Justice Elena Kagan, making up part of the court's liberal wing, posed some of the most penetrating inquiries.

Specifically, the justices probed into whether the term "any office under the United States" includes the presidency. This question goes to the heart of understanding the Amendment, crafted in the post-Civil War era primarily to prevent former Confederates from returning to power.

Justice Ketanji Brown Jackson raised an interesting point regarding the absence of the term "president" from the specific positions outlined in Section 3 of the Amendment. According to Jackson, this omission could suggest that the framers did not intend for the presidency to fall under these restrictions.

Historical Context and Legal Debate

Attorney Jason Murray, advocating for the inclusion of the presidency under Section 3's prohibitions, drew upon historical debates to bolster his argument. He referenced a discussion where Sen. Murrell responded to concerns about the absence of "president" and "vice president" from the Amendment's language with, "We have. Look at the language 'any office under the United States.'"

According to Murray, this conversation indicated an understanding among Congressional framers that the presidency was indeed covered under the Amendment's broad terms. His assertion, however, faced heavy scrutiny from the justices, highlighting the complex interplay between historical interpretation and contemporary legal analysis.

Chief Justice John Roberts pinpointed another intriguing aspect of the argument, noting that this provision's broad power granted to states may counter the Amendment's original aim to curb states' powers. This perspective adds another layer to the debate, emphasizing the delicate balance between federal authority and states' rights.

Conclusion

As the Court deliberates on an issue with profound implications for American politics, its decision could affect the eligibility of certain individuals for public office and redefine the scope of the 14th Amendment in contemporary governance, highlighting the Constitution's enduring relevance in shaping the political landscape.

The Supreme Court's skepticism toward disqualifying Donald Trump from the 2024 ballot, especially evident in the probing questions from the Court's left-leaning justices, marks a pivotal moment in constitutional law.

The justices' engagement with the historical and legal nuances of Section 3 of the 14th Amendment suggests their forthcoming decision will be both historically significant and politically transformative.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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