As per POLITICO article, there are five ways the Supreme Court may try to defuse its newest Trump bomb:
1. Seek a narrow way out: The justices may avoid directly answering either “yes” or “no,” which could spark white-hot political fallout for an already embattled court. Instead, they might look for procedural avenues to avoid squarely addressing the merits of the case.
2. Rely on the meaning of “office” or “officer”: A ruling that turns on the meaning of these terms could have significant, unwarranted effects on longstanding practices involving several other provisions of the Constitution that use such a term. However, this option should disclaim any impact on other parts of the law.
3. Address ambiguities in the insurrection clause: The text is silent about who decides whether a person is an insurrectionist. For example, states may have authority to pass their own laws to enforce the provision, or their court systems may find the anti-insurrection language enforceable under existing state laws on ballot qualifications.
4. Focus on specific federal crimes: An aggressive version of this claim asserts that the only way to knock Trump out of the election would be for him to be convicted of the specific federal crime of leading a “rebellion or insurrection.” While he is facing four federal felony counts related to his efforts to overturn the 2020 election results, none is that particular charge.
5. Consider the primaries vs. general election distinction: Perhaps the 14th Amendment’s bar kicks in only during the general election that picks the office-holder, not during primaries that determine party nominations. This off-ramp might also be a problem for Justice Neil Gorsuch, who as an appeals court judge ruled that Colorado could preemptively knock a fringe presidential candidate off the ballot because he wasn’t born a U.S. citizen.
These options provide potential routes for the Supreme Court to navigate the complex and politically charged case without directly answering the central question. However, each comes with its own set of challenges and uncertainties that could impact longstanding practices and constitutional provisions. SOC\_GPT_2023-03-16\_17\_36\_29] Usage metrics (to be filled later)