The OLD Philosopher – John M. Miller
The US Supreme Court richly deserves the high-stakes dilemma into which it has been thrown by the Colorado State Supreme Court. If SCOTUS agrees to act on the case, and rules in favor of the Colorado decision, it will encourage many other state supreme courts to duplicate the Colorado Supreme Court decision. That would mean Donald Trump could not possibly win the election, even if he is the GOP presidential nominee, as appears to be a certainty at this point in time. This would bring joy to the hearts of half the country and sorrow to the other half.
If SCOTUS chooses not to act on the Colorado decision, the result will be the same. Dozens of other state courts will make decisions that copy the Colorado decision.
If SCOTUS overturns the Colorado decision, it will be applauded by Republicans and condemned by Democrats. This will suggest the US Supreme Court has become politicized, an observation which has become self-evident. We have known since Gore vs. Bush in 2000 that the SCOTUS has grown increasingly politicized. SCOTUS disdains that notion, but it is undeniably accurate.
If SCOTUS does make a decision on the issue, it may hinge on one word in the 14th Amendment: “officer.” Are presidents or Vice-Presidents governmental officers, or are they in a different category or class? Does the 14th Amendment omit them from consideration? They undoubtedly are officials. Does that mean they are in the same category as officers? If it is ruled that a president is not an officer, is that a distinction without a difference?
Do lawyers get too hung up on the meaning of words, and too little on justice, which is what the law is supposed to guarantee? We eagerly wait to see how SCOTUS will attempt to solve its own self-imposed dilemma.