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Justices Sotomayor, KBJ, Kagan

Justices Sonia Sotomayor, Ketanji Brown Jackson, and Elena Kagan Jackson. (Collection of the Supreme Court of the United States)

While the U.S. Supreme Court technically ruled unanimously in former President Donald Trump’s favor in order to keep him on the 2024 ballot, what might be called a “technical glitch” suggests the court’s liberal minority — the three justices appointed by Democratic presidents — were initially poised to dissent.

In a per curiam opinion, the nine justices agreed the Colorado Supreme Court overstepped its bounds and intruded on federalism principles by invoking Section 3 of the 14th Amendment to kick the 45th president off the Mile High State’s 2024 GOP primary ballot.

The majority opinion is, perforce, unsigned; its signatories not at all in doubt. Two concurrences signed by the court’s four women offer some mild to moderate criticism of the legal analysis used by the five men in the majority. But the concurrence penned by the court’s more liberal members contains a secret passage that clues court-watchers into how the decision-making process might have unfolded at One First Street.

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