William Baude Analyzes the Supreme Court’s Decision in the Colorado Ballot Case

U. of C. law professor weighs in on Trump eligibility after Supreme Court decision

William Baude, a constitutional law professor at U. of C., wasn’t shocked when the U.S. Supreme Court unanimously ruled last week that former President Donald Trump is eligible for office, despite the substantial evidence that he incited the January 6 insurrection at the Capitol three years ago.

Based on the tenor of the oral arguments held before the court last month, Baude concluded that the justices were skeptical of the argument that individual states could exclude candidates from competing for the presidency based on a constitutional provision, Section Three of the 14th Amendment, that forbids insurrectionists from assuming office.

Based on their opinion, Baude speculated that the justices were wary of enormous political ramifications that would have ensued had they allowed Trump’s name to be removed from many states’ primary ballots.

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