The Supreme Court of the United States
I don’t often delve into serious topics, I only occasionally indulge myself with political discussions on this blog. Today will be one of those occasions.
Upon admission to the bar, every lawyer stands in a courthouse, raises their hand and takes an oath to support the Constitution of the United States. Lawyers are deemed to be officers of the court, with a duty to the judicial system, to justice and the rule of law.
Law school curriculum includes required coursework in Constitutional Law. So when you take that oath and begin your career, you have a full understanding of the Constitution and its importance to our republic.
I took that oath 40 years ago. I hope that I have honored my oath throughout my career as a member of the bar.
Lawyers aren’t the only ones who take an oath to the Constitution. Members of the military take a similar oath. And, of course, public officials are “sworn in” to office.
Which is why today’s argument before the Supreme Court is so important, so meaningful. If an oath, a sacred oath to the Constitution, is broken, there must be consequences.
We all saw Donald J. Trump stand on the steps of the Capitol on January 20, 2017. And we all saw that same Capitol viciously attacked on January 6, 2021.
Earlier this week the DC Circuit Court of Appeals issued a masterful decision on presidential immunity, loudly proclaiming that a President is not a king, that no one is above the law, that no matter how popular a person may be with some voters, he is still subject to all of the laws of this country. The decision is so well-reasoned that many legal scholars believe the Court will not accept certiorari, that the DC Circuit Court decision will stand as law of the land.
Today the Court will hear argument on a Colorado case, where a Colorado court determined that Trump is an “insurrectionist” within the meaning of the 14th Amendment and therefore ineligible to serve as President of the United States.
Section 3 Disqualification from Holding Office
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Sadly, I do not have high hopes that SCOTUS really understands the issue. Not all of them, of course. But it seems pretty clear that he did support insurrection. (Although, I know a MAGA who seems to think that he wasn't involved and those who went to the Capitol did so of their own volition and he isn't to blame.)
ReplyDeleteI listened to oral argument. I think they will reverse the Colorado court on very narrow grounds. I think Kagan, coney Barrett, Roberts, Gorsuch and Kavanaugh will be the majority, Thomas and Alito will concur in the result, and Jackson will dissent. Not sure what Sotomayor will do.
DeleteI listened to around the first 50 minutes of oral arguments and then here and there when Colorado's two attorneys came before the Court. I am purely a layperson, but it seemed to me that Trump's lawyer did a better job of presenting the case (such as it is) of his client and oh, do I hate to say that. He was ready with answers and it seemed those answers made some kind of sense to the justices. I felt that a couple of the justices were losing patience with the defense team at the times I tuned back in.
ReplyDeleteWhat a nightmare. Sad to say this isn't going to end.
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