Politics
Column: For the second time in days, the Supreme Court helped make another Trump presidency possible
The Supreme Court held Monday that a single state such as Colorado can’t prohibit Donald Trump from running for president as an insurrectionist under the 14th Amendment. It was the second time in less than a week that the court provided a crucial boost to the former president’s campaign to return to the White House.
The court’s strong inclination to restore Trump to the ballot was clear from the oral argument in the case last month, and indeed the justices reversed the Colorado Supreme Court unanimously. The “per curiam,” or “by the court,” opinion further emphasized that the court was speaking with a single voice.
But the justices were far from united on the rationale for reversal. There was a clear 5-4 split with two concurrences, one by the liberal justices — Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — and the other by Justice Amy Coney Barrett.
The narrow, right-wing majority within the unanimous decision held that congressional legislation is needed to enforce Section 3 of the 14th Amendment, which prohibits elected officials who engage in insurrection from holding office again. This clearly restricts the amendment’s force going forward.
All four of the concurring justices parted from requiring a federal law to enforce Section 3. For them, it was sufficient that the Colorado decision would impose an inconsistent and intolerable patchwork in which a major presidential candidate appeared on the ballot in some states but not in others. As the court wrote, “Nothing in the Constitution requires that we endure such chaos.”
The opinion signed by the three Democratic-appointed justices, though styled as a concurrence, was fairly sharp in its differences with the majority. Most pointedly, they quoted Justice Stephen G. Breyer’s dissent in Bush vs. Gore, the 2000 opinion that remains a bête noire for liberals: “What it does today, the Court should have left undone.”
Barrett similarly felt that her five fellow conservatives had overreached. But she sounded a conciliatory note, writing that “this is not the time to amplify disagreement with stridency.”
So although the court was able to come together as to the result, surely a priority for Chief Justice John G. Roberts Jr., its political divisions were evident just beneath the surface. It was no kumbaya moment.
In cases of this magnitude and political stakes, the court is better off when it’s unanimous or nearly so. Kagan and Jackson, who seemed to be leaning toward reversal at oral argument, and even Sotomayor, whose inclination was less clear, thereby stepped up in the service of the court’s institutional interest. Notwithstanding their fundamental differences with the majority, their concurrences permitted the court to conclude with a feel-good paragraph noting that “All nine Members of the Court agree with that result.” They were good soldiers and team players, which may engender goodwill with Roberts going forward.
Of course, with the rock-ribbed conservatives to the chief justice’s right, there may be scant prospect of similar goodwill. The court’s right has been in lockstep on ideologically divisive matters, and there’s no reason to expect that to change.
Indeed, after last week’s decision to review the D.C. Circuit Court of Appeals’ rejection of Trump’s claim of immunity from prosecution for Jan. 6, today’s decisive ruling is a second substantial victory for the president who appointed three of the justices.
Some observers speculated that the justices would view the two Trump cases, on immunity and the 14th Amendment, as a pair that they would split. Ruling for Trump on the Colorado case and against him on the Jan. 6 prosecution would communicate a sort of neutrality.
It’s difficult to see it that way now, though. Not that the court will hold that Trump is immune from the charges growing out of his perfidious attempts to overturn the results of the 2020 eleciton. The best he can hope for is a remand to the trial court and eventual loss on the merits of his immunity claim.
But the court last week gave Trump the invaluable gift of time, suspending the proceedings in Judge Tanya Chutkan’s U.S. District Court for at least several months, leaving serious doubt as to whether the case can be tried before the election.
If the polls are to be believed, a criminal conviction would likely persuade a significant number of voters to abandon Trump. That means the court’s decision to enter the fray and delay the case — when it could have let the D.C. Circuit’s thorough, bipartisan opinion stand — is probably the most important assist it could have given to Trump’s campaign.
Moreover, while the court acted with some dispatch in the immunity case, it was nowhere near as quick as in other exigent cases. That includes the one it decided Monday, rushing to clarify the electoral landscape just in time for Colorado and other states to vote on Super Tuesday.
There’s plenty of room for debate as to why the court acted as it did in each case. But there’s no doubt about the impact. Should the country awaken on Nov. 6 to the horrifying prospect of a second Trump presidency, history will record that the Supreme Court played a critical role.
Harry Litman is the host of the “Talking Feds” podcast. @harrylitman
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FIRST ON FOX: House Republicans are pressing the Trump administration for answers over whether China is exploiting U.S. birthright citizenship and visa programs in a U.S. territory to secure long-term influence inside the United States.
In a letter sent Monday to outgoing Homeland Security Secretary Kristi Noem, Secretary of State Marco Rubio and Interior Secretary Doug Burgum, Reps. Chip Roy, R-Texas, and Tom Tiffany, R-Wis., and 32 other GOP members raise concerns that so-called “birth tourism” and visa-waiver policies in the Commonwealth of the Northern Mariana Islands could be leveraged by Chinese nationals in ways that present national security risks.
Noem will leave her position at the Department of Homeland Security at the end of the month.
“American citizenship is a sacred trust—not a loophole to be exploited. When foreign adversaries like the Chinese Communist Party can leverage birth tourism and visa-less programs to gain influence within our borders, we must restore integrity to our immigration system and defend the sovereignty of our Republic,” Roy said.
Tiffany argued that “Communist China has exploited ‘birth tourism’ by sending women to the Northern Mariana Islands solely to give birth and secure U.S. citizenship for their children,” adding that “It is time to close this loophole, end the abuse, and protect our national security.”
TRUMP SAYS SUPREME COURT RULING AGAINST BIRTHRIGHT CITIZENSHIP ORDER WOULD BENEFIT CHINA
House Republicans are pressing the Trump administration for answers over whether China is exploiting U.S. birthright citizenship and visa programs in a U.S. territory to secure long-term influence inside the United States. (GemStocks/Getty Images )
The Northern Mariana Islands is a U.S. territory in the Pacific, and like births in any U.S. state, children born there are granted American citizenship under the 14th Amendment, even though the territory operates under certain distinct immigration rules.
The lawmakers cite reports estimating that between 750,000 and 1.5 million Chinese nationals have obtained U.S. citizenship through birthright policies and birth tourism, though federal agencies have not publicly confirmed those figures. In their letter, Roy and Tiffany ask the Departments of Homeland Security, State and Interior to provide data on how many children have been born since 2009 to at least one Chinese national parent, how many have reached voting age, and how many are registered to vote in the United States.
They also ask whether any such individuals have documented ties to the Chinese Communist Party and request entry figures for Chinese nationals under Northern Mariana-specific immigration programs.
Under the 14th Amendment, individuals born on U.S. soil are generally granted citizenship at birth. The debate has centered on whether foreign nationals travel to the United States specifically to give birth so their children will obtain citizenship — a practice commonly referred to as birth tourism.
Federal prosecutors in recent years have brought criminal cases against operators of birth tourism businesses, particularly in California, where organizers were convicted of visa fraud and conspiracy for helping foreign nationals misrepresent their travel intentions in order to give birth in the United States.
The Northern Mariana Islands have long operated under distinct immigration frameworks. In 2009, the Obama administration implemented a categorical parole program allowing certain Chinese nationals to enter without obtaining a traditional U.S. tourist visa. The Biden administration in 2024 finalized a rule creating the Economic Vitality & Security Travel Authorization Program (EVS-TAP) for the Northern Mariana Islands, which allows certain Chinese nationals to enter the territory visa-free for short stays.
In a letter sent to Homeland Security Secretary Kristi Noem, Secretary of State Marco Rubio and Interior Secretary Doug Burgum, Reps. Chip Roy, R-Texas, and Tom Tiffany, R-Wis., and 32 other GOP members raise concerns that so-called “birth tourism” and visa-waiver policies in the Commonwealth of the Northern Mariana Islands (CNMI) could be leveraged by Chinese nationals in ways that present national security risks. (Kevin Dietsch/Getty Images)
Tiffany argued that “Communist China has exploited ‘birth tourism’ by sending women to the Northern Mariana Islands solely to give birth and secure U.S. citizenship for their children,” adding that “It is time to close this loophole, end the abuse, and protect our national security.” (AP Photo/Scott Bauer)
The lawmakers argue those policies created incentives for birth tourism in Saipan, the capital of the islands, pointing to reports that births to foreign visitors increased sharply after the 2009 changes.
NOEM BACKS SAVE AMERICA ACT, SLAMS ‘RADICAL LEFT’ OPPOSITION TO VOTER IDS AND PROOF OF CITIZENSHIP
They warn that once U.S.-born children turn 21, they can petition for lawful permanent resident status for their parents, potentially opening additional immigration pathways.
While the letter raises concerns that such individuals could eventually participate in U.S. elections, it does not cite evidence that large numbers are currently registered to vote or that the Chinese government has directed birth tourism as a coordinated strategy.
The Departments of Homeland Security and Interior did not immediately respond to Fox News Digital’s requests for comment. The State Department referred back to the Department of Homeland Security.
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The letter comes amid heightened tensions between Washington and Beijing, with U.S. officials repeatedly warning about Chinese influence operations, intellectual property theft and espionage efforts targeting American institutions.
Roy and Tiffany urged the administration to end any parole or visa-waiver programs extended to Chinese nationals in the Northern Mariana Islands and to provide a full accounting of the scope of birth tourism involving PRC nationals.
The Chinese embassy could not immediately be reached for comment.
Scott MacFarlane, a high-profile hire for CBS News five years ago, announced Monday he is leaving the network.
MacFarlane told colleagues in an email that the departure is his decision.
“I will always value the opportunity I had to work alongside the talented and committed professionals here,” MacFarlane said. “I’m proud to have had the words ‘CBS correspondent’ next to my name and always will be.”
MacFarlane added that he looks forward to “some independence and finding new spaces to share my work in line with my personal goals.”
MacFarlane is the first significant name to depart CBS News since parent company Paramount won its bid to acquire Warner Bros. Discovery on Feb. 27. CBS News is likely to be combined with Warner Bros. Discovery’s CNN if the deal gets regulatory approval.
Journalists at CBS News have also been concerned over the moves by Bari Weiss, the contrarian opinion writer and founder of the digital news site the Free Press who was brought in as editor in chief of the division. Weiss was recruited by Paramount Chief Executive David Ellison with a mandate to move CBS News to the political center.
Weiss is expected to make significant changes to “60 Minutes” and other CBS News programs in the coming months.
Executives at other TV news organizations say privately that they are seeing a heavy influx of resumes from CBS News journalists due to the upheaval at the company.
MacFarlane covered Congress and the Justice Department. CBS viewers saw him featured during extended network coverage of the State of the Union addresses and election nights.
MacFarlane was in Butler, Pa., during the assassination attempt of President Trump in July 2024. He reported the first accounts of the shooting scene and emergency responses moments after the shots were fired.
Before arriving at CBS News, MacFarlane served for eight years as an investigative reporter for WRC-TV, the NBC station in Washington, D.C.
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Fresh satellite images give a rare aerial view of the damage across Iran after U.S.-Israeli strikes and what Tehran’s retaliation left behind across the region.
Planet Labs satellite imagery captured burning ships and damaged facilities at the Konarak base in southern Iran, as well as significant destruction at Iran’s naval headquarters in Bandar Abbas on the Persian Gulf, reflecting the scale of the strikes on military infrastructure.
Satellite imagery from Planet Labs shows damage at Konarak naval base in southern Iran, left, and Iran’s Bandar Abbas naval headquarters in the Persian Gulf, right. (Planet Labs PBC)
Imagery from Vantor shows damage to facilities and vessels located in Iran’s Bushehr port in the Persian Gulf.
In addition to naval assets, satellite photos show a bunker at Bushehr air base hit by a strike, leaving a large crater and destroying several nearby small buildings.
More strikes targeted the Choqa Balk drone facility in western Iran.
Radar systems at the Zahedan air base in eastern Iran — near the country’s borders with Pakistan and Afghanistan — were also struck.
The two facilities are about 800 to 900 miles apart, underscoring the broad reach of the coordinated strikes.
Satellite imagery also reveals damage to aircraft on the tarmac at Shiraz air base, including scorch marks and debris around several parking areas.
Side-by-side photos showing damage to aircraft at Shiraz air base in Shiraz, Iran on March 6, 2026. (Vantor/Maxar/Getty Images)
Satellite imagery from Planet Labs shows thick smoke plumes rising above Tehran, signaling explosions and fires inside the Iranian capital.
The smoke underscores how the conflict has moved beyond isolated military sites and into the heart of Iran’s political center.
THE UNLIKELY TOOL TRUMP IS EYEING TO TACKLE RISING OIL PRICES AMID THE IRAN CONFLICT
A satellite image from Planet Labs shows a plume of smoke above Tehran, Iran, on March 1, 2026. (Planet Labs PBC)
Iran has since responded with missile and drone strikes of its own, expanding the conflict across the region.
Satellite images reveal damage to the port city of Sharjah in the United Arab Emirates. Sharjah is the third most populous after Dubai and Abu Dhabi.
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The Jebel Ali Port, the region’s largest maritime hub, was also targeted, underscoring how the retaliation extended beyond military sites to key infrastructure.
The new satellite imagery comes on the heels of U.S.-Israeli strikes that killed Iran’s supreme leader, Ayatollah Ali Khamenei, and several top members of the regime, triggering a succession crisis.
President Donald Trump warned on Sunday that Iran’s new leader is “not going to last long” without U.S. approval as Operation Epic Fury marches into a third week.
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