Will the Supreme Court Now Review More Constitutional Amendments?

There are strong arguments against disqualifying Trump, but none involve the historical record: the evidence of history supported affirming the Colorado Supreme Court’s decision. (I and the historians David Blight, Drew Gilpin Faust, and John Fabian Witt made this argument in an amicus brief.) During oral arguments, Justice Sotomayor asked about origins: “History proves a lot to me.” Justice Alito worried about outcomes: “The consequences of what the Colorado Supreme Court did, some people claim, would be quite severe.” So did Chief Justice John Roberts, who asked Jason Murray, the lawyer representing Colorado voters, what he’d do with what “would seem to me to be plain consequences of your position?” Alito asked Murray “to grapple with what some people have seen as the consequences of the argument that you’re advancing.” Posing one hypothetical after another, Alito asked, “Then what would we do?”