Politics
Column: Disqualify Trump? The Supreme Court is getting lots of urgent advice — but no clear direction
The magnitude of the Supreme Court’s coming decision on whether Donald Trump should be disqualified from the presidential ballot can be measured in pounds — namely, the weight of the quickly growing pile of friend-of-the-court briefs that an array of outside groups and individuals have submitted to the court.
Trump’s lawyers filed their main arguments against the Colorado Supreme Court ruling disqualifying him for insurrection under the 14th Amendment a week ago, and more than 30 amicus briefs were filed that day. That brought the total to about 40, a number that is certain to grow.
The briefs themselves are divided among those that support the Colorado ruling, those that support Trump’s appeal and those that advance principles to guide the decision without coming down on either side. While some are from relatively obscure quarters, many come from prominent players whom the justices (and the clerks who sift through the briefs) will readily recognize.
What’s really striking about the briefs is that they all scream that the sky is falling and that disaster will ensue unless the court does as they advise. The trouble is that the advice in question is all over the lot.
Effectively, the court is being advised by its respectable “friends” (the meaning of “amicus”) that the Republic itself is lost no matter what it does. The briefs underscore the impression that this will be a case for the ages and one of the toughest in the court’s history.
One brief from prominent election law professors and practitioners, including veterans of both sides of Bush vs. Gore, advises the court that the country is more polarized now than at any time in living memory — far more than in 2000 — and that the court must rule on the substance of the case or risk doing great damage to the nation. In other words, they argue, the court must not cop out by ruling that some other political entity — either Congress or the states — must enforce Section 3 of the 14th Amendment, which prohibits officials who have engaged in insurrection from holding federal office.
A brief from 179 members of Congress — including Senate Minority Leader Mitch McConnell and other prominent Republicans — agrees that a wrong move by the court “presents a serious risk to the democratic process.” But they go on to counsel that it’s Congress that has the express authority to administer Section 3 through legislation and that the court can’t answer the political questions involved. Accepting these rationales would mean that the court dodges the question of Trump’s eligibility for the presidency.
The NAACP’s brief, meanwhile, agrees that “our nation is at a precipice not seen since the Civil War.” Yet it argues, in direct opposition to the legislators, that Section 3 is self-implementing and fully justiciable — that is, it requires no determination by Congress and can be decided by the court. Indeed, the group insists that a failure to disqualify Trump would “circumvent our constitutional commitment to … the principle that all citizens must have an equal voice in our government.”
Former Attys. Gen. Edwin Meese, Michael Mukasey and William Barr, joined by prominent conservative professors, agree on the stakes: A false step by the court “would be ruinous for the Nation’s tradition of free and fair elections.” But their advice to the court is an admixture of the other briefs’ bottom lines: They argue that the amendment requires enabling legislation but also that it does not cover presidential candidates.
There are many more, including an intriguing brief by law professors (and brothers) Akhil Reed Amar and Vikram David Amar advising the court that Section 3 was prompted not by the Civil War but by a previous insurrection that Trump’s conduct much resembles. And a forthcoming brief by retired federal appellate Judge J. Michael Luttig and others is expected to contend that the terms of the 14th Amendment straightforwardly disqualify Trump.
Amicus briefs can occasionally be decisive. A famous example is the brief from an editorial cartoonists’ group that helped persuade Chief Justice William Rehnquist to side with Hustler magazine over televangelist Jerry Falwell. It emphasized the long-standing national tradition of cartoons savaging public figures.
As I’ve previously argued, more than any Supreme Court case in decades, this one combines huge political stakes with a nearly blank slate of controlling law. The court will have to search for a solution that is legally supportable, broadly acceptable to the public and minimally injurious to the court’s diminished public standing. That turns out to be a very tall order.
With all eyes on the justices and the health of our democracy very possibly in the balance, the court could certainly use a good friend right about now.
Harry Litman is the host of the “Talking Feds” podcast. @harrylitman
Politics
Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says
new video loaded: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says
By Christina Kelso
March 4, 2026
Politics
US submarine sinks Iranian warship by torpedo in a first since World War II
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A U.S. submarine sank a prized Iranian warship by torpedo, the first such sinking of an enemy ship since World War II, Secretary of War Pete Hegseth said Wednesday morning.
Hegseth joined Chairman of the Joint Chiefs of Staff Gen. Dan Caine at the Pentagon to provide an update to reporters on “Operation Epic Fury” in Iran.
“An American submarine sunk an Iranian warship that thought it was safe in international waters,” Hegseth said. “Instead, it was sunk by a torpedo. Quiet death. The first sinking of an enemy ship by a torpedo since World War Two. Like in that war, back when we were still the War Department. We are fighting to win.”
Caine said that an Iranian vessel was “effectively neutralized” in a Navy “fast attack” using a single Mark 48 torpedo. He added that the U.S. Navy achieved “immediate effect, sending the warship to the bottom of the sea.”
WATCH HEGSETH’S ANNOUNCEMENT:
Hegseth said that the U.S. Navy sank the Iranian warship, the Soleimani. The flagship was named for Qasem Soleimani, an Iranian military officer who served in the Islamic Revolutionary Guard Corps who the U.S. killed in a January 2020 drone strike during President Donald Trump’s first term.
“The Iranian Navy rests at the bottom of the Persian Gulf. Combat ineffective, decimated, destroyed, defeated. Pick your adjective,” Hegseth said. “In fact, last night we sunk their prize ship, the Soleimani. Looks like POTUS got him twice. Their navy, not a factor. Pick your adjective. It is no more.”
This map shows U.S. and Israeli strikes against Iranian naval forces as of March 1. (Fox News)
Hegseth also told reporters at the briefing that the U.S. and Israel will soon achieve “complete control” over Iranian airspace after Iran’s missile capabilities were drastically diminished in the four days of fighting.
US ‘WINNING DECISIVELY’ AGAINST IRAN, WILL ACHIEVE ‘COMPLETE CONTROL’ OF AIRSPACE WITHIN DAYS, HEGSETH SAYS
“More bombers and more fighters are arriving just today and now, with complete control of the skies, we will be using 500 pound, one thousand pound and 2,000 pound laser-guided precision gravity bombs, of which we have a nearly unlimited stockpile,” he said.
The war has killed more than 1,000 people in Iran and dozens in Lebanon, while U.S. officials said six American troops were killed in a fatal drone strike in Kuwait.
Thousands of travelers have been left stranded across the Middle East.
This map shows security and travel updates for Americans regarding countries in the Middle East region. (Fox News)
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Caine told reporters that the U.S. military is helping thousands of Americans stranded in the Middle East after the U.S. State Department urged citizens to leave more than a dozen countries.
Fox News Digital’s Ashley Carnahan contributed to this report.
Politics
Sen. Padilla preps for Trump trying to seize control of elections via emergency order
Sen. Alex Padilla (D-Calif.) is preparing for President Trump to declare a national emergency in order to seize control of this year’s midterm elections from the states, including by bracing his Senate colleagues for a vote in which they would be forced to either co-sign on the power grab or resist it.
In the wake of reporting last week that conservative activists with connections to the White House were circulating such an order, Padilla sent a letter to his Senate colleagues Friday stating that any such order would be “wildly illegal and unconstitutional,” and would no doubt face “extremely strict scrutiny” in the courts.
“Nevertheless, if the President does escalate his unprecedented assault on our democracy by declaring an election-related emergency, I will swiftly introduce a privileged resolution [and] force a vote in the Senate to terminate the fake emergency,” wrote Padilla, the ranking Democrat on the Senate Committee on Rules and Administration.
Padilla wrote that such an order — which could possibly “include banning mail-in voting, eliminating major voting registration methods, voter purges, and/or new document barriers for registering to vote and voting” — would clearly go beyond Trump’s authority.
“Put simply, no President has the power under the Constitution or any law to take over elections, and no declaration or order can create one out of thin air,” Padilla wrote.
The same day Padilla sent his letter, Trump was asked whether he was considering declaring a national emergency around the midterms. “Who told you that?” he asked — before saying he was not considering such an order.
The White House referred The Times to that exchange when asked Tuesday for comment on Padilla’s letter.
If Trump did declare such an emergency, a “privileged resolution,” as Padilla proposed, would require the full Senate to vote on the record on whether or not to terminate it — forcing any Senate allies of the president to own the policy politically, along with him.
Experts say there is no evidence that U.S. elections are significantly affected or swung by widespread fraud or foreign interference, despite robust efforts by Trump and his allies for years to find it.
Nonetheless, Trump has been emphatic that such fraud is occurring, particularly in blue states such as California that allow for mail-in ballots and do not have strict voter ID laws. He and others in his administration have asserted, again without evidence, that large numbers of noncitizen residents are casting votes and that others are “harvesting” ballots out of the mail and filling them out in bulk.
Soon after taking office, Trump issued an executive order purporting to require voters to show proof of U.S. citizenship before registering and barring the counting of mail-in ballots received after election day, but it was largely blocked by the courts.
Trump’s loyalist Justice Department sued red and blue states across the country for their full voter rolls, but those efforts also have largely been blocked, including in California. The FBI also raided an elections office in Georgia that has been the focus of Trump’s baseless claims that the 2020 presidential election was stolen from him.
Trump is also pushing for the passage of the SAVE Act, a voter ID bill passed by the House, but it has stalled in the Senate.
In recent weeks, Trump has expressed frustration that his demands around voting security have not translated into changes in blue state policies ahead of the upcoming midterm elections, where his shrinking approval could translate into major gains for Democrats.
Last month, Trump wrote on his Truth Social platform, “I have searched the depths of Legal Arguments not yet articulated or vetted on this subject, and will be presenting an irrefutable one in the very near future. There will be Voter I.D. for the Midterm Elections, whether approved by Congress or not!”
Then, last week, the Washington Post reported that a draft executive order being circulated by activists with ties to Trump suggests that unproven claims of Chinese interference in the 2020 election could be used as a pretext to declare an elections emergency granting Trump sweeping authority to unilaterally institute the changes he wants to see in state-run elections.
Election experts said the Constitution is clear that states control and run elections, not with the executive branch.
Democrats have widely denounced any federal takeover of elections by Trump. And some Republicans have expressed similar concerns, including Sen. Mitch McConnell (R-Ky.), who chairs the Senate rules committee.
In the Wall Street Journal last year, McConnell warned against Trump or any Republican president asserting sweeping authority to control elections, in part because Democrats would then be empowered to claim similar authority if and when they retake power.
McConnell’s office referred The Times to that Journal opinion piece when asked about the circulating emergency order and Padilla’s resolution.
Padilla’s office said his resolution would be introduced in response to an emergency declaration by Trump, but hoped it wouldn’t be necessary.
“Instead of trying to evade accountability at the ballot box,” Padilla wrote, “the President should focus on the needs of Americans struggling to pay for groceries, health care, housing and other everyday needs and put these illegal and unconstitutional election orders in the trash can where they belong.”
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