SCOTUS Poised to Make SHOCKING Trump Ruling (w/ Ben Wittes) | Bulwark Podcast

TL;DR

The Supreme Court oral arguments regarding the 14th Amendment and Donald Trump's eligibility for the ballot do not suggest a majority will remove him. Meanwhile, a Georgia prosecutor's response to allegations of a conflict of interest were strongly denied.

Transcript

the nightmare scenario for the Supreme Court is you um you th you throw out the 14th Amendment case and then you follow that up by basically um destroying the criminal cases against Donald Trump words sir denied that's it see this is what it comes down to well I just want you to know Ben that I put my uh going to the Supreme Court uh time suit on t... Read More

Key Insights

• ⚾ The Supreme Court is unlikely to remove Donald Trump from the ballot based on the 14th Amendment.
• ⁉️ The court is focusing on procedural questions rather than the merits of Trump's involvement in an insurrection.
• 👨‍⚖️ The justices seem interested in whether states can enforce Section 3 of the 14th Amendment without Congress passing enabling legislation.
• 👨‍⚖️ There may not be unanimous agreement among the justices on the specific rationale for their decision.
• 🙈 The Supreme Court's decision, if it favors Trump, may not be seen as a move solely by conservative justices to protect him but rather a decision with broader ideological support.
• 😀 The court's ruling does not eliminate the possibility of Trump facing electoral and criminal obstacles in his pursuit of the presidency.
• 🥰 If the Supreme Court decides to hear the immunity case, it may indicate a desire to have a say in the question of presidential immunity.
• 😀 Judge Eileen Canon's handling of the Trump trials continues to face scrutiny, but it appears that there are limited options for challenging her presence on the case.

Questions & Answers

Q: What was the main takeaway from the Supreme Court oral arguments regarding Donald Trump's eligibility for the ballot?

The main takeaway is that there is unlikely to be a majority in favor of removing Trump from the ballot based on the 14th Amendment, with the court focusing on procedural questions rather than establishing Trump's innocence or guilt.

Q: What are the key arguments being presented in the Supreme Court oral arguments?

One key argument is whether the phrase "officer of the United States" in section 3 of the 14th Amendment includes the president. Another key argument is whether states can enforce Section 3 through their ballot provisions or if Congress needs to pass enabling legislation.

Q: How do the liberal justices' views differ from the conservative justices' during the oral arguments?

The liberal justices did not sound significantly different from the conservative justices, with many of them questioning whether allowing states to enforce Section 3 would lead to disproportionate influence and lack of democratic processes in federal elections.

Q: What is the potential outcome of the Supreme Court case regarding the 14th Amendment and Trump's eligibility for the ballot?

It is likely that the court will rule in favor of Trump, allowing him to remain on the ballot. The court may avoid making a definitive ruling on whether Trump engaged in an insurrection, leaving it up to the electoral and criminal processes to address his return to the presidency.

Summary & Key Takeaways

• The Supreme Court oral arguments indicate that there is unlikely to be a majority in favor of removing Donald Trump from the ballot based on the 14th Amendment.

• The case seems to pivot on whether Congress needs to pass legislation for states to enforce Section 3 of the 14th Amendment against federal officials.

• The court does not appear to be interested in the question of whether Trump engaged in an insurrection, but rather the procedural aspects of enforcing Section 3.