In a little under three weeks, the Supreme Court will hear oral arguments on whether former President Donald Trump should be allowed to remain on the ballot in Colorado. His lawyers submitted a brief Friday that’s filled with a rehashed scattershot of arguments as to why he shouldn’t be disqualified under Section 3 of the 14th Amendment. But I direct your attention to an amicus (or friend of the court) brief filed on behalf of nearly 200 Republican members of Congress.
While the GOP lawmakers’ amicus brief is better drafted than most of Trump’s filings, it can’t be ignored that there’s a deeply self-serving element to their arguments. That’s especially true for those members who, under the Colorado Supreme Court’s ruling, could also credibly be described as having “engaged in insurrection” — and thus theoretically be disqualified from holding office.
It’s their inclusion as signatories on the amicus brief that makes this filing particularly odious.
Section 3 states, in part, that if somebody has “previously taken an oath, as a member of Congress, or as an officer of the United States … to support the Constitution of the United States” but then has “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof,” that person can’t be allowed to “be a Senator or Representative in Congress.” Section 3 also gives Congress the power to, “by a vote of two-thirds of each House, remove such disability.”
The self-interested lawmakers give up the game with this line from the brief: “Although not directly relevant to President Trump, the Colorado Supreme Court would give itself the power to judge the qualifications of those who would be elected to the House or Senate.” That would be especially troubling for Reps. Jim Jordan of Ohio and Paul Gosar and Andy Biggs of Arizona. The three of them were knee-deep in plotting to overturn the election, and, in a more just world, they would have faced…
Read the full article here