Amy Davidson Sorkin writes about the Supreme Court ruling in Trump v. Anderson that kept Trump on the ballot for President.
Colorado courts had relied on Section 3 of the Fourteenth Amendment, which deals with disqualifying people who have been officeholders—specifically, those who had previously taken an oath to support the Constitution—who engaged in insurrection from holding any office “under the United States, or under any State.” Section 3 was ratified in 1869, in the wake of the Civil War, and was originally aimed at Confederates.
The Justices are citing a much-contested 1869 opinion known as Griffin’s Case, written by Chief Justice Salmon Chase while he was “riding the circuit”—that is, filling in as a lower-court judge. They further quote Chase’s view that due process—in the form of “proceedings, evidence, decisions, and enforcements of decisions, more or less formal”—is needed.
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