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Unanimous Supreme Court in Colorado vs. Trump tells us this about our legal elites

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Unanimous Supreme Court in Colorado vs. Trump tells us this about our legal elites

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In the end, the Supreme Court’s ruling on the issue of whether a state can kick Donald Trump off its presidential ballot for having engaged in insurrection, under Section 3 of the 14th Amendment, was anticlimactic. A legal theory that had won the hearts of law professors across the country – barely half a year from law review article to Supreme Court opinion is a record that won’t be beat – swayed the mind of exactly zero justices.

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Because “the Constitution makes Congress, rather than the states, responsible for enforcing Section 3 against federal officeholders and candidates,” state courts and state officials have no power to remove federal candidates from the ballot, the court unanimously held. Congress’s power under Section 5 of the 14th Amendment to pass “appropriate” legislation “is critical when it comes to Section 3.” 

While the states retain sovereign power to determine the qualifications of their own state officeholders, they have no such power with regard to federal officeholders. 

Former President Donald Trump arrives for an election-night watch party at Mar-a-Lago on March 5, 2024, in West Palm Beach, Florida. (Win McNamee/Getty Images)

That’s it. End of story, without the need to engage in a battle of dictionaries to define “insurrection” or parsing of Trump’s actions to determine whether he had engaged in it. No abstruse debates over whether the presidency is an “office under the United States” or whether Trump was an “officer of the United States.” 

DEMOCRATS RUSH TO KEEP TRUMP OFF BALLOT AFTER SCOTUS DECISION BECAUSE ELECTION CAN’T BE LEFT TO VOTERS

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There’s a certain elegance to the simple off-ramp that all nine justices chose, forestalling further partisan toxicity and avoiding any labeling of a “MAGA court” and the like.

Now, there was certainly disagreement over whether the court needed to go further and decide that the only way to enforce Section 3 is through legislation. Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh said yes, while Justices Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, and, separately, Amy Coney Barrett took no position. They would’ve preferred to leave the question open, leaving open the possibility that another federal actor, like a judge or the Justice Department, could enforce Section 3 the same way they enforce more familiar parts of the 14th Amendment, like the due process clause and equal protection clause.

TRUMP SAYS SUPREME COURT RULING IN COLORADO CASE IS ‘UNIFYING AND INSPIRATIONAL’

But then the same parties might have filed suit in federal court and we’d be back in the same place a few months down the line, even closer to the election. Or, even worse, Congress might have taken it upon itself to reject Trump electors during the vote certification on Jan. 6, 2025 – which would again result in emergency Supreme Court filings. 

No, the more I consider it, the more I think it was wise to head off any such shenanigans and nip these easily foreseeable developments in the bud.

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But regardless, the justices were quite concerned that a ruling in Colorado’s favor would result in a “patchwork” of rules such that the same person would be eligible in some places and not in others, a sort of Schrödinger’s candidate. That’s no way to run a presidential election.

None of this was apparent to most of our esteemed legal scholars, however. Although the idea of using an obscure constitutional provision to disqualify Trump originated with originalists – most of the interesting theoretical debates are among right-leaning academics, rather than with liberal lions who can’t even figure out how to teach con law when the Supreme Court actually applies what the Constitution says – it really took off among those who would gleefully deny voters their preference in the name of “democracy.” 

That’s a damning indictment of our legal elites at a time when the illiberal takeover of law schools is subverting open inquiry and poo-pooing the rule of law to those who will be the gatekeepers of our political institutions in coming decades. 

There’s a direct line between the transformation of education into intersectional activism – such that law students shout down federal judges and sign letters supporting Hamas – and the inability to see how a clever theory for getting rid of a controversial populist wouldn’t survive contact with reality.

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But the Supreme Court won’t always be there to save us, particularly if that same legal and media elite continues its campaign to delegitimize an institution that remains much more popular than any other part of the government. 

That’s why it’s important to continue to call out the rampant gaslighting in our midst. Not for Donald Trump, but for the health of our American polity.

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West

Supreme Court blocks California ban on notifying students’ parents about gender transitions

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Supreme Court blocks California ban on notifying students’ parents about gender transitions

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The Supreme Court on Monday cleared the way for California schools to notify parents if their children want to change their gender identity without approval from the student amid a challenge against the Golden State’s ban on so-called forced outing of transgender students.

The court granted an emergency appeal from a conservative legal group, the Thomas More Society, blocking, at least for now, a state law that prohibited automatic parental notification requirements if students change their gender expression or pronouns at school.

The Thomas More Society praised the decision as “the most significant parental rights ruling in a generation.” Two sets of Catholic parents represented by the legal group argued that the state law, signed by Gov. Gavin Newsom in 2024, caused schools to mislead them and secretly facilitate the students’ gender transitions.

Two sets of Catholic parents argued that the state law, signed into law by Gov. Gavin Newsom in 2024, caused schools to mislead them and secretly facilitate the students’ gender transitions. (Sean Rayford/Getty Images)

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But California contended that students have the right to privacy about their gender expression, particularly if they fear rejection from their families who may not support their decision to adopt a new gender identity. The state also said school policies and state law sought to balance student privacy with parental rights.

Last year, state education officials told school districts that the state’s policy “does not mandate nondisclosure.” Newsom’s office also previously said that “parents continue to have full, guaranteed access to their student’s education records as required by federal law.”

The Supreme Court sided with the parents on Monday and reinstated a lower-court order blocking the law and school policies while the case continues.

“The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. California’s policies violate those beliefs,” the majority wrote in an unsigned order, adding that state policies also burden the free exercise of religion.

The Thomas More Society praised the decision as “the most significant parental rights ruling in a generation.” (AP Photo/Julia Demaree Nikhinson, File)

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Conservative Justices Samuel Alito and Clarence Thomas also said they would have gone a step further and granted the teachers’ appeal to lift restrictions for them. The three liberal justices dissented, saying the case is still working its way through lower courts and there was no need to take action now.

“If nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way, if the Court can provide normal procedures. And throwing over a State’s policy is what the Court does today,” Justice Elena Kagan wrote.

A federal judge ruled in December 2025 that schools cannot prevent teachers from sharing information about a student’s gender identity with their parents, but an appeals court blocked that ruling last month, leading the plaintiffs to ask the nation’s highest court to step in.

TRUMP ADMIN FINDS CALIFORNIA BAN ON NOTIFYING PARENTS OF GENDER TRANSITIONS VIOLATED FEDERAL LAW

The Supreme Court sided with the parents and reinstated a lower-court order blocking the law and school policies while the case continues. (OLIVIER DOULIERY/AFP via Getty Images)

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The high court has been weighing whether to hear arguments in cases out of other states such as Massachusetts and Florida filed by parents who say schools facilitated gender transitions without notifying them.

The U.S. Department of Education also announced last month that the California law violates federal law. The findings of the federal investigation could put at risk the nearly $8 billion in education funding the federal government gives the state each year if state officials do not work with the Trump administration to resolve the violations.

The Trump administration is also pursuing legal action against California and threatening to withhold funding over a policy allowing biological males to compete in girls’ sports.

The Associated Press contributed to this report.

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Catholic group asks SCOTUS to block California law against revealing students' gender identities to parents

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San Francisco, CA

Latest California-based gig work app lets people book content creators, editors

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Latest California-based gig work app lets people book content creators, editors


It’s 10 a.m. sharp, and Abby Kurtz gets her first assignment of the day. She’s received a time, a location in San Francisco and a target.

Her weapon of choice: an iPhone.

“Being a social agent is really the coolest thing ever,” she said. 

Kurtz is a content creator working through an app called Social Agent, part of an expanding gig economy where more and more workers are trading stability for flexibility. Work that once required connections, planning, and a big budget can now be booked with a tap —extending the on-demand model from rides and meals to storytelling itself.

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 Just make a request, and someone like Kurtz can arrive within 30 minutes, camera-ready.

“What I look for when I’m shooting events is very crisp and clean content,” she said. 

Her mission this time took her to Sutro Nursery, a nonprofit dedicated to growing native plants and that is hoping to grow its volunteer base, too. Board member Maryann Rainey said booking a Social Agent is a lot cheaper than hiring someone to do their social media full-time. 

“I know I can’t do it myself, and I was certainly hoping that these young people would know how to do a good film,” Rainey said.

A typical job runs about $200, with same-day delivery. Agents earn around $50 an hour, plus tips. And if clients already have footage, they can upload it and have it turned into a finished piece. 

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The service is currently available in New York, Los Angeles, and Miami, with a slower rollout now underway in other cities.

 Lisa Jammal, the company’s CEO, said the idea is simple: Let someone else do the shooting.

“We all are missing those beautiful moments because we’re always behind the phone,” she said. 

As for Kurtz, after the shoot, she headed straight to a nearby coffee shop, where the clock started ticking. She had just over an hour to shape her raw material into a polished final cut.

“I think I’m going to give this reel a really peaceful, calming feel, but also informative and inviting,” she said. 

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Denver, CO

Denver area events for March 5

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Denver area events for March 5


If you have an event taking place in the Denver area, email information to carlotta.olson@gazette.com at least two weeks in advance. All events are listed in the calendar on space availability. Thursday Camilla Vaitaitis Quartet — 6:30 p.m., Dazzle at Baur’s, 1080 14th St., Denver, go online for prices. Tickets: dazzledenver.com/#/events. Miguel — 7 p.m., Fillmore Auditorium, […]



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