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
Two press freedom groups that own shares in Paramount Skydance are demanding to see the company’s books and internal documents, citing allegations that the company’s leaders may have promised favors to the White House to win approval for Paramount’s deal to acquire Warner Bros. Discovery.
The letter, sent Thursday to Paramount chief legal officer Makan Delrahim, says that media reports alleging that Paramount owner David Ellison and others promised favors to the Trump administration “create credible concern that Paramount leadership has offered, solicited, or effectuated a corrupt exchange,” which the groups argue would “constitute a breach of fiduciary duties” and open the company up to a “range of potential civil and criminal penalties.”
The letter cites Delaware law that allows stockholders to inspect the company’s books and records “for any proper purpose.”
Paramount declined to comment on the letter.
Among the issues raised in the letter are promises reportedly made by David Ellison and his father, Oracle billionaire Larry Ellison, that they would make “sweeping” changes at the news network CNN, which is owned by Warner Bros. Discovery.
The Ellison family acquired Paramount, which includes CBS and the storied Melrose Avenue film studio, last summer.
The letter cites changes implemented in CBS since their acquisition, including their decision to end late night television house Stephen Colbert’s show days after he characterized a settlement Paramount reached with Trump as a “big fat bribe.”
Under Ellison’s ownership, the letter says, numerous high-profile reporters have left the network and its ratings have dropped to “historic lows.”
Larry Ellison, who is backing the financing of Paramount’s proposed takeover of Warner, reportedly told White House officials that Paramount would “implement the CBS playbook” at CNN if the merger is approved, and remove anchors and commentators at the cable news network that Trump doesn’t like, according to the letter.
The effort comes just two weeks after Warner Bros. Discovery shareholders overwhelmingly approved the proposed merger. Investors have supported the Larry Ellison family takeover, which would become the biggest Hollywood merger in nearly a decade. The deal would pay Warner stockholders $31 per share — four times the stock price a year ago.
The letter was written on behalf of the Freedom of the Press Foundation, which develops secure communication tools for journalists and tracks violations of press freedom, and Reporters Without Borders, which tracks press freedom globally.
The organizations are being represented by former federal prosecutor Brendan Ballou, who established the Public Integrity Project this year to challenged alleged government corruption, as well as Delaware attorney Ronald Poliquin.
The missive, which could be a precursor to a lawsuit, opens another avenue of attack against the controversial $111-billion deal, which would transform the smaller Paramount into an industry titan.
With Warner Bros. Discovery, the Ellisons would also control HBO, TBS and the vast film and TV library of Warner Bros., which includes the Harry Potter, DC Comics, and Scooby-Doo, in addition to CNN.
Paramount, led 43-year-old David Ellison, wants to finalize its Warner Bros. takeover by the end of September. President Trump favors the deal; he has long agitated for changes at CNN.
But the proposed merger would saddle the combined company with $79 billion in debt, stoking fears that Paramount would be forced to make steep cost cuts to juggle such a large debt load.
Politicians, unions and progressive groups separately have pressed California Atty. Gen. Rob Bonta to scrutinize the proposed merger, hoping that he brings an antitrust lawsuit in an attempt to upend the deal.
More than 4,000 film industry workers, including Ben Stiller, Bryan Cranston, Ted Danson, J.J. Abrams, Jane Fonda and Kristen Stewart, have signed an open letter imploring Bonta and other regulators to block the merger. The group lamented the proposed tie-up, saying it “would reduce the number of major U.S. film studios to just four.”
Opponents fear the consolidation would lead to massive layoffs and diminish the quality of programming that Warner Bros., CNN and HBO are known for.
Hollywood has sustained thousands of layoffs over the last seven years since Walt Disney Co. swallowed Fox’s entertainment assets in another huge merger. In addition, the film production economy hasn’t recovered from shutdowns during the 2023 labor strikes. An estimated 42,000 entertainment industry jobs were lost from 2022 and 2024.
On Thursday, 34 California Democrats in Congress also sent a letter to Bonta, encouraging him to look closely at the merger.
The deal is expected to become one of the largest leveraged buyouts ever.
Ballou, who is working with the press freedom groups, previously served as a Justice Department special counsel with expertise in private equity transactions.
He resigned from the Justice Department in January 2025 when Trump returned to office. In his book, “Plunder: Private Equity’s Plan to Pillage America,” Ballou examined large leveraged buyouts and found that many of which resulted in bankruptcies.
The United States and Iran traded missile fire and accusations on Thursday as tensions in the Strait of Hormuz ratcheted up, threatening an already fragile cease-fire.
U.S. Central Command said that American forces had “intercepted unprovoked Iranian attacks and responded with self-defense strikes” while U.S. Navy guided-missile destroyers were traversing the strait to the Gulf of Oman on Thursday.
In a statement, Central Command said Iranian forces launched multiple missiles, drones and small-boat attacks as three U.S. warships were transiting the strait. None of the American naval vessels were hit, Central Command said.
The U.S. vessels that were traversing the strait were the U.S.S. Truxtun, the U.S.S. Rafael Peralta and the U.S.S. Mason. The warships had steamed into the Persian Gulf earlier in the week as part of the Navy’s short-lived effort to guide merchant ships stranded in the Persian Gulf through the strait.
In response, U.S. forces struck targets on Qeshm Island and Bandar Abbas along the Iranian coast in the strait, U.S. officials said.
It was the latest twist in a head-spinning week in the region, as President Trump, searching for an off-ramp in the war that he started Feb. 28, has contradicted his senior administration officials on the state of the war, the state of American efforts to reopen the Strait of Hormuz, and the status of peace talks with Iran.
After the exchange of fire on Thursday, the president said the cease-fire was still in effect and downplayed the Iranian attacks.
“They trifled with us today,” Mr. Trump told reporters late Thursday. “We blew them away.”
The president added, however, that Iran needed to sign on “fast” to a proposal from the United States that would have both sides reach an agreement to reopen the Strait of Hormuz and refrain from fighting for 30 days while they try to reach a comprehensive deal.
Even as the president and senior officials described peace negotiations that they said were advancing, Central Command has forcefully hit Iranian vessels that it says have violated an American-imposed blockade of the strait.
Central Command “eliminated inbound threats and targeted Iranian military facilities responsible for attacking U.S. forces, including missile and drone launch sites; command and control locations; and intelligence, surveillance and reconnaissance nodes,” the command’s Thursday statement said. It added that Central Command “does not seek escalation but remains positioned and ready to protect American forces.”
Iran, for its part, accused the United States of launching “unprovoked” attacks as the U.S. ships traversed the strait.
In a statement carried by state media, Iran’s armed forces said the U.S. military had violated the month-old cease-fire by carrying out airstrikes on Qeshm Island and two other cities on the country’s southern coast. Central Command said the ship attacks had emanated from those sites.
When asked if the U.S. response to the Iranian drone, missile and small-boat attacks went beyond self-defense, a senior U.S. military official said that an effective defense sometimes involves a carefully calibrated offense.
Erica L. Green contributed reporting.
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President Donald Trump praised White House Chief of Staff Susie Wiles as “winning it decisively” in her battle with cancer after she revealed she was diagnosed nine weeks ago while accepting a major award Thursday night.
“It’s been especially inspiring to see her courage and toughness in recent weeks, and she’s been winning a battle with cancer and winning it decisively,” Trump said in a pre-recorded video message. “It was an early diagnosis, so she’s going to be in great shape.”
Wiles said during an onstage conversation that she would continue to work following the diagnosis.
“I come to work every day. I do my job, I don’t complain, and I think that sets an example, too, for the people I work with,” Wiles said.
WH CHIEF OF STAFF SUSIE WILES DIAGNOSED WITH EARLY STAGE BREAST CANCER, PROGNOSIS ‘EXCELLENT,’ TRUMP SAYS
President Donald Trump hosts a lunch with Kennedy Center Board members as Chief of Staff Susie Wiles looks on at the White House in Washington, D.C., on March 16, 2026. (Annabelle GORDON / AFP via Getty Images)
Trump surprised Wiles with the video as she accepted the Independent Women’s Forum Barbara K. Olson Woman of Valor Award at a gala in Washington, D.C.
He praised her as “the first female chief of staff in American history” and “one of the best White House chiefs of staff ever in history.”
“I say the best, actually,” Trump said, adding that he was “tremendously grateful” for her “friendship, loyalty and support every single day.”
TRUMP CHIEF OF STAFF PLEDGES NO ‘DRAMA’ OR SECOND-GUESSING IN WHITE HOUSE
White House chief of staff Susie Wiles listens as President Donald Trump announces the creation of the U.S. strategic critical minerals reserve in the Oval Office of the White House on Feb. 2, 2026, in Washington, D.C. (Alex Wong/Getty Images)
Wiles said she did not know the video was intended for the gala, despite briefly walking in while Trump was recording it.
“I walked in when he was filming it, but I didn’t know what it was for, and I kind of ducked out the back door,” she said.
Trump credited Wiles with playing a key role in each of his presidential campaigns, “especially in 2024,” and said his administration’s accomplishments have come with “her help and her leadership.”
TRUMP CHIEF OF STAFF SUSIE WILES RECOUNTS BUTLER ASSASSINATION ATTEMPT, THOUGHT PRESIDENT WAS DEAD AT FIRST
President Donald Trump and White House Chief of Staff Susie Wiles participate in an Invest America roundtable in the State Dining Room of the White House in Washington, D.C., on Monday, June 9, 2025. (Yuri Gripas/Abaca/Bloomberg via Getty Images)
“Susie, we have a problem. I say go to Susie,” Trump said. “We owe her a tremendous debt and what she’s done is just incredible for our country.”
Wiles, who described herself as a lifelong Republican, said her decision to back Trump in 2016 was one of the biggest risks of her career.
“I wanted a disrupter,” Wiles said. “I looked around at the disrupters in the field and said, I think Donald Trump’s the one.”
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Asked about her role now, Wiles said, “This is the path God chose for me. And I’m here, and I’m doing the best I can every day.”
The gala was held Thursday at the Waldorf Astoria in Washington, D.C.
Fox News Digital’s Ashley Carnahan and Alex Nitzberg contributed to this reporting.
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