The holding by the Supreme Court, that Congress and not the states has the power to keep a candidate for federal office off the ballot, and that that power can only be exercised pursuant to legislation to be enacted by Congress, means that, as the law now stands, the only remedy barring an oath breaking insurrectionist from running for president is impeachment followed by conviction by a two-thirds vote of the Senate.That result was expected and not particularly controversial. The real test of the Court’s integrity and independence will come next month when it hears argument and, ultimately, must decide whether a former president has complete immunity from prosecution for engaging in criminal conduct while in office. By unduly delaying resolution of this issue the Court has already injudiciously advantaged Donald Trump, possibly insulating him from ever being held accountable for his unlawful attempt to remain in office. Still, how the Court rules will demonstrate whether the majority of justices are jurists or politicians in robes.
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