Share this @internewscast.com

WASHINGTON — After supporters of then-President Donald Trump stormed the Capitol on Jan. 6, 2021, ominous fencing was erected to protect surrounding buildings.

One of the buildings that needed protecting was the grand marble structure across the street from the Capitol: the Supreme Court.

But during oral arguments on Thursday over Colorado’s effort to kick Trump off the Republican primary ballot, the justices asked little about a key question in the case: Was Jan. 6 an insurrection?

Instead, the court looks likely to rule in favor of Trump on other grounds, allowing the justices to avoid taking sides on such a contentious issue.

Based on the two-hour oral argument, it appeared there was a majority that would find that states do not have the authority to enforce Section 3 of the 14th Amendment, which bars people who previously held government positions and “engaged in insurrection” from holding federal office.

Justices asked questions on all manner of legal technicalities, including whether the president is covered by Section 3 and whether Congress needs to pass legislation to enforce it. In skirting the insurrection question, they also probed who gets to decide whether an insurrection took place, with several suggesting states should not have that power.

The only justice to directly press the insurrection question was Justice Ketanji Brown Jackson, a liberal appointed by President Joe Biden.

Jackson asked Trump’s lawyer, Jonathan Mitchell, whether he would concede that his client had engaged in insurrection.

Mitchell pushed back, saying, “President Trump did not engage in any act that can be plausibly characterized as insurrection.”

An insurrection, he added, “needs to be an organized, concerted effort to overthrow the government of the United States through violence.”

Jackson appeared incredulous at the narrow definition of the term.

“So your point is that a chaotic effort to overthrow the government is not an insurrection?” she asked.

“This was a riot. It was not an insurrection,” Mitchell responded.

In finding that Trump was ineligible, the Colorado Supreme Court held that Section 3 does apply to the president and that Trump had engaged in insurrection.

Previously, a lower court judge had ruled that there was an insurrection but concluded that Section 3 could not be enforced.

That followed a five-day hearing in a lower state court in which evidence that was submitted included Trump’s tweets, videos of the events of Jan. 6 and the report issued by the now-defunct House committee that investigated the attack.

One recurring theme during the Supreme Court arguments Thursday was the sense of unease on the bench at the idea of the justices having to review a flurry of state court rulings like the one in Colorado barring not just Trump but future presidential candidates from running for office based on claims that they were involved in an insurrection.

Justice Amy Coney Barrett, one of Trump’s three appointees to the court, wondered how the justices were supposed to review the evidence that Colorado courts relied on in concluding there was an insurrection.

She wondered if the justices might have to “watch the video of the Ellipse” and draw their own conclusions, a reference to Trump’s speech on Jan. 6 in which he encouraged his supporters to march to the Capitol.

Justice Samuel Alito, a fellow conservative, seemed to be thinking along similar lines.

“Would we have to have our own trial?” he asked.

Alito was among several justices who expressed concern about other states reaching different conclusions to the Colorado courts, leading to a potentially chaotic election.

At times it appeared that the only person in the courtroom who wanted to speak about how to define an insurrection was Jason Murray, the lawyer representing Colorado voters who say Trump is ineligible.

“We are here because, for the first time since the War of 1812, our nation’s capitol came under violent assault,” he said during his opening remarks.

The attack, he added, “was incited by a sitting president of the United States to disrupt the peaceful transfer of presidential power.”

As far as the Supreme Court is concerned, whether that constitutes an insurrection is likely to remain an open question.

Share this @internewscast.com
You May Also Like
How Does a Car Trade In Work?

Understanding the Car Trade-In Process: A Step-by-Step Guide

(iSeeCars) – As you embark on the journey of purchasing a new…
4th round of US-Iran talks ends as Trump set to embark on historic Middle East tour

US-Iran Negotiations Conclude As Trump’s Middle East Tour Nears

JERUSALEM — As President Donald Trump prepared to depart for the Middle…
Edgewater shooting: Derrell Givens ID'd as 1 of 2 killed in Chicago shooting in 6300-block of North Broadway, officials say

Edgewater Shooting: Derrell Givens Among Two Fatalities Identified in North Broadway Incident in Chicago

CHICAGO (WLS) — One of two men killed in a North Side…
Woman arrested for driving into festival crowd hours after explosion rocked same event

Woman Detained After Driving into Festival Crowd Following Earlier Explosion at Event

An annual Maryland festival, known for drawing thousands of visitors each year,…
Sean 'Diddy' Combs' federal sex trafficking trial set to start Monday

Federal Sex Trafficking Trial for Sean ‘Diddy’ Combs Begins Monday

Opening statements are anticipated this Monday in the trial of Sean “Diddy”…
Sabu has died: WWE star was 60

WWE Icon Sabu Passes Away at 60

The 60-year old was known for his hardcore wrestling style and became…
Dow soars 1,000 points after US, China agree to lower tariffs for 90 days

Dow Jumps 1,000 Points as US and China Agree to Ease Tariffs for 90 Days

US stocks experienced a significant rise on Monday morning following an agreement…
Family of mom murdered in ritzy DC suburb decades ago gets justice as perp nobody expected pleads guilty

Decades-Old Murder of Mother in Upscale DC Suburb Solved as Unexpected Suspect Pleads Guilty

A killer nobody expected has pleaded guilty in the 2001 murder of…
At least 10 people sickened in US listeria outbreak linked to prepared foods

Over 10 People Fall Ill in US Listeria Outbreak Tied to Ready-To-Eat Meals

A listeria outbreak in the US has affected at least 10 individuals,…
Barack Obama 'lucky' to have wife Michelle after squashing divorce rumors

Barack Obama Grateful for His Marriage to Michelle Amidst Divorce Speculations

Barack Obama gushed over his wife, Michelle Obama, in a sweet Mother’s…
Twin sisters achieve top honors at Stephenson High

Identical sisters earn top awards at Stephenson High School

Twin sisters Carissa and Aissa Swope claimed valedictorian and salutatorian titles at…
Dems have abandoned men who just want to 'get laid and have fun'

Democrats Have Lost Touch with Men’s Desire for Casual Dating and Enjoyment

Some men just want to go Hogg-wild. David Hogg, vice chair of…