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Opinion: The Supreme Court seems likely to let Trump run. It will have to ignore the Constitution

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Opinion: The Supreme Court seems likely to let Trump run. It will have to ignore the Constitution

Two seemingly contradictory impressions emerged from almost three hours of oral argument Thursday before the Supreme Court: The case for Donald Trump’s eligibility to be president again was quite weak, but the Supreme Court is likely to rule in his favor.

Based on the questions raised by the justices, it’s hard to imagine five of them agreeing with Colorado’s decision to prohibit Trump from running for president as an insurrectionist under the 14th Amendment.

The issue before the court is whether Trump is disqualified from the presidency by Section 3 of the amendment, which provides that no officeholder who “engaged in insurrection or rebellion against” the country “shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States.”

The oral argument focused primarily on three questions. First, does Section 3 require a statute passed by Congress to be enforced? Several of the justices indicated support for the view that the provision is not “self-executing” and can’t be enforced without a federal law. Justice Brett M. Kavanaugh, for example, said the “original public meaning” was that a statute is necessary to apply the section.

This argument is seriously flawed. To begin with, the provision doesn’t need a law to enforce it any more than the other constitutional presidential qualifications do, among them being at least 35 years old, a natural-born citizen and not having already served two terms.

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In addition, the amendment clearly defines Congress’ role here: Its last sentence gives lawmakers the power to exempt an insurrectionist from the provision. But the amendment does not require congressional action to enforce the section.

Importantly, the Supreme Court in 1883 declared that the 14th Amendment is “undoubtedly self-executing without any ancillary legislation.” The primary authority to the contrary, relied on by Trump lawyer Jonathan Mitchell and invoked by Kavanaugh, is not a Supreme Court decision but an 1869 opinion by Chief Justice Salmon Chase for a lower appellate court. As Justice Sonia Sotomayor pointed out, Chase later reached the opposite conclusion, finding that no statute was required for disqualification and that Jefferson Davis, the president of the Confederacy, was clearly disqualified from serving as president of the United States.

A second question that featured prominently in the oral argument is whether Section 3 applies to the president of the United States or only to other federal offices. Despite being ideological opposites, Justices Neil M. Gorsuch and Ketanji Brown Jackson both focused on the section’s listing of several offices without mentioning the president.

The problem with this argument is that Section 3 also says “any office, civil or military.” The Constitution repeatedly refers to the president as an officer. As the Colorado Supreme Court explained, senators, representatives and electors are listed as members of elected bodies who are not considered officers under the Constitution. But the president is an officer of the United States included in the phrase “any office.”

The court’s conservatives pride themselves on adhering to the original meaning of the Constitution, and those who drafted and ratified the 14th Amendment unquestionably saw Section 3 as applying to the president. This was explicitly stated on the floor of the Senate.

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Gorsuch also noted during the argument that Section 3 precludes insurrectionists only from being president, not from running for the office. But that is an absurd distinction that could lead to dealing with whether Trump is disqualified only after he is elected, a nightmare scenario.

The third question to occupy much of the argument is whether Trump in fact participated in an insurrection. Justice Samuel A. Alito Jr. questioned the evidence for that, while Kavanaugh noted that the former president hasn’t been convicted of insurrection. But a Colorado court held a five-day hearing on that question in which Trump could have testified, after which the judge concluded that he had indeed participated in an insurrection. And nothing in Section 3 or its history requires a criminal conviction.

Another pair from different ends of the court’s ideological spectrum, Justices Elena Kagan and Amy Coney Barrett, wondered whether one state court should be able to make such a determination. But every case must begin in one state. Ultimately, this is not a question of one state deciding so much as it is the United States Supreme Court looking at the facts and the law — as courts always do — and deciding whether Section 3 disqualifies Trump.

This case provides the court with an opportunity to show that it follows the law and the facts, not just the political preferences of the justices. My sense from the oral argument is that we will have reason to be disappointed once more on that score.

I hope I am wrong. If the court ignores the clear language and meaning of the 14th Amendment, it will be a loss for the Constitution and the country.

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Erwin Chemerinsky is a contributing writer to Opinion and the dean of the UC Berkeley School of Law. His latest book is “Worse Than Nothing: The Dangerous Fallacy of Originalism.”

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Early returns indicate L.A. County voters have doubts about healthcare sales tax measure

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Early returns indicate L.A. County voters have doubts about healthcare sales tax measure

Los Angeles County’s half-cent sales tax to fund healthcare services was trailing Tuesday, with early returns showing a majority of voters rejecting the measure.

The tax — a half-penny of every dollar spent in the county — is meant to prop up local hospitals and clinics that are hemorrhaging funding after recent federal cuts.

The sales tax, which needs a simple majority to pass, would take effect Oct. 1 and last five years. Officials say it would pull in $1 billion annually to help plug the budget holes hitting local hospitals and clinics.

L.A. County health officials anticipate the One Big Beautiful Bill Act, signed into law by President Trump last summer, will slash more than $2 billion from the county’s health services budget within the next three years. Due to eligibility changes, the county will no longer be able to get reimbursements for many Californians who have lost Medi-Cal.

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The measure was championed by a coalition of healthcare advocates called Restore Healthcare for Angelenos who warned that mass layoffs and emergency room closures could be imminent if new funding didn’t come fast. The Department of Public Health recently closed seven clinics — a grim sign, supporters said, of service cuts to come.

Voters haven’t rejected a sales tax hike since 2012, when a transportation measure fell just short with 66.1% support. It needed 66.7% to pass.

A majority of county supervisors had supported the new tax proposal, voting 4 to 1 this February to put it on the ballot. But the measure faced significant opposition from local cities, with opponents arguing the sales tax hike would unfairly burden the poorest county residents and encourage people to spend their dollars across the county line.

Supervisor Kathryn Barger, the board’s lone opponent of the tax, said she was concerned it was a “general” tax, meaning the money wouldn’t be earmarked for healthcare costs. Instead, she argued, politicians would have final say over how the money gets spent.

The supervisors have created a plan for spending the tax money, with the largest chunk of the money meant to cover the costs for patients without insurance. The measure also asked voters to sign off on a nine-member oversight committee.

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The county currently has a base sales tax rate of 9.75%, and cities impose local taxes on top of that.

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DOJ expands indictment against SPLC, alleging $4M secretly funneled to KKK and extremist groups

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DOJ expands indictment against SPLC, alleging M secretly funneled to KKK and extremist groups

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The Department of Justice last month announced an indictment against the Southern Poverty Law Center (SPLC), alleging that the civil rights nonprofit defrauded donors by secretly paying informants associated with extremist organizations, including the Ku Klux Klan.

A federal grand jury in the Middle District of Alabama returned an 11-count indictment in April charging the SPLC with six counts of wire fraud, four counts of making false statements to a federally insured bank and one count of conspiracy to commit concealment money laundering, according to the Justice Department.

The superseding indictment retains those charges while expanding on the alleged misconduct.

According to the DOJ, the SPLC “secretly funneled” more than $3 million in donor funds between 2014 and 2023 to numerous individuals associated with extremist organizations, including the Ku Klux Klan, United Klans of America, the National Socialist Movement, participants in the Unite the Right rally and the Aryan Nations-affiliated Sadistic Souls Motorcycle Club.

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NEO-NAZIS, ‘SADISTIC’ BIKERS AND CHARLOTTESVILLE ORGANIZER: 5 OF THE MOST SHOCKING SPLC INFORMANTS

The Southern Poverty Law Center has widespread influence in education. FILE: Acting Attorney General Todd Blanche, left, and SPLC interim President and CEO Bryan Fair are shown in a split image as the Justice Department pursues charges against the Southern Poverty Law Center. (Nathan Posner/Anadolu via Getty Images; USA TODAY Network via Imagn Images)

The original indictment alleged approximately $3 million in payments between 2014 and 2023.

“The SPLC’s paid informants (‘field sources’) engaged in the active promotion of racist groups at the same time that the SPLC was denouncing the same groups on its website,” the indictment states.

Prosecutors further allege the SPLC opened bank accounts tied to fictitious entities in order to conceal donor funds that were allegedly routed to confidential sources.

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MIKE DAVIS: SOUTHERN POVERTY LAW CENTER: A TALE OF A RACISM SCAM

The Southern Poverty Law Center (SPLC) building seen in March 2020 in Montgomery, Alabama. (Barry Lewis/InPictures via Getty Images)

According to the indictment, the SPLC began operating a covert informant network in the 1980s, and between 2014 and 2023 allegedly paid those sources in a clandestine manner.

The DOJ alleges an SPLC employee instead encouraged the pair to remain involved and offered them a monthly salary of $1,200.

The two subsequently agreed to remain in the organization, according to the indictment.

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DR. BEN CARSON: I KNOW HOW BAD THE SPLC WAS, IT CAME AFTER ME AND PUT ME AT RISK

Acting Attorney General Todd Blanche spoke during a press conference alongside FBI Director Kash Patel at the Department of Justice on April 21, 2026, in Washington, D.C., following the indictment of the Southern Poverty Law Center. (Nathan Posner/Anadolu via Getty Images)

Prosecutors allege an SPLC employee instructed the individuals to claim they worked for a company called Rare Books and helped college students with research and writing assignments if anyone questioned the source of their income.

The indictment alleges donor funds were used to pay both individuals through SPLC accounts.

According to prosecutors, the pair were also reimbursed for expenses related to Ku Klux Klan activities, including cross-burning events and associated costs such as wood and fuel.

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One of the individuals is also accused of recruiting new members using donor-funded payments. The indictment further alleges the SPLC knew donor funds were used to purchase materials for Ku Klux Klan garments.

In a statement to Fox News Digital, attorney Abbe Lowell, who represents the SPLC, denied the allegations.

A composite image shows Acting Attorney General Todd Blanche overlaid on photographs of the Department of Justice and FBI headquarters in Washington, D.C. (Valerie Plesch/Bloomberg via Getty Images; Graeme Sloan/Bloomberg via Getty Images)

“This apparent superseding indictment attempts to shore up the flaws in the initial charges, but it changes nothing,” Lowell said.

“The SPLC did not lie to its donors, it did not mislead banks it did business with, and its informant program prevented violence and saved lives,” he continued. 

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“It appears the Justice Department shared the indictment with media before it was unsealed by the court – another example of the government’s troubling handling of this case.”

“We will be addressing these irregularities with the court and look forward to presenting the truth at trial,” he added.

NONPROFIT REVENUE TOTALS SURGE AMID GROWING SCRUTINY AFTER MAJOR FRAUD CASES

SPLC interim President and CEO Bryan Fair speaks during a wreath-laying ceremony at the Southern Poverty Law Center Civil Rights Memorial in Montgomery, Ala., on March 5, 2026. (Jake Crandall/Advertiser / USA TODAY NETWORK via Imagn Images)

The superseding indictment also notes that the SPLC’s reported revenue increased from roughly $38.7 million in 2010 to more than $129 million in 2023, an increase of approximately 233%.

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According to the filing, the organization’s net assets grew from approximately $238 million to nearly $787 million during the same period.

The SPLC is a longtime nonprofit organization that says it combats white supremacy and extremism through research, reporting and monitoring efforts intended to assist law enforcement and the public.

During a news conference announcing the original indictment, Acting Attorney General Todd Blanche alleged the SPLC paid members of extremist groups so it could generate “work product” documenting their activities.

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“To that end, [SPLC] was doing the exact opposite of what it told its donors it was doing – not dismantling extremism but funding it,” Blanche said.

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Fox News Digital’s Alexandra Koch, David Spunt, Jake Gibson and Alec Schemmel contributed to this report.

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California congressional race results threaten GOP power in DC

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California congressional race results threaten GOP power in DC

Buoyed by a new Congressional map favoring their party, California Democrats were eyeing Tuesday’s primary elections as a critical first step toward flipping a handful of House seats and taking back power in Washington.

Results from California’s massive and slow-moving election process were not immediately clear late Tuesday, as polls closed and mail ballots continued to be processed and counted. Still, Democrats were bullish about their chances of advancing candidates to November’s general election in all five districts that were redrawn in their favor as a result of last year’s Proposition 50 ballot measure.

“The path to winning back the House starts with voting in the June 2nd primary,” the California Democratic Party posted online Monday.

Meanwhile, California Republican Party Chairwoman Corrin Rankin urged Republican voters to make their own voices heard too.

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“Like President Trump said, we need to make it too big to rig,” Rankin said on “The Benny Show.” “We need to swamp the vote.”

One of the most closely watched races was in the redrawn 22nd Congressional District in the Central Valley, where incumbent Rep. David Valadao (R-Hanford) is facing challenges from moderate Assemblymember Jasmeet Kaur Bains (D-Delano) and progressive college professor Randy Villegas.

Another closely watched race was in the redrawn 48th Congressional District in San Diego and Riverside counties, where Rep. Darrell Issa (R-Bonsall) decided to retire rather than run for reelection, and where Republican San Diego County Supervisor Jim Desmond — who is endorsed by Trump — is running against a pack of Democrats.

Prop. 50 — which Californians passed with nearly 65% of the vote a year ago — was California Democrats’ response to Texas Republicans redrawing their state’s Congressional maps in the GOP’s favor, at President Trump’s behest. It was also the only major Democratic counterpunch in the wider mid-decade redistricting brawl that has spread across the country in the last year.

Experts expect the redistricting battle to deliver a net gain of a handful or more House seats to Republicans. But Democrats could gain even more ground given Trump’s lousy approval ratings and the long history of midterm election losses for the president’s party.

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Combined, those factors make the battle for control of the House incredibly close, which in turn makes the five seats up for grabs in California pivotal — and potentially decisive.

Tuesday’s primaries won’t determine if any of those five seats will indeed flip parties in November. However, the primaries will define those head-to-head races to come and better inform the odds of Democrats toppling Republican incumbents, experts said.

In addition to flipping the seats currently held by Valadao and Issa, Democrats are hoping to pick up three additional seats.

In the 1st Congressional District — which after Prop. 50 lost rural reaches of northeast California and picked up liberal North Bay communities — various candidates were vying for the seat long held by the late Rep. Doug LaMalfa (R-Richvale), who died in January. They include Democratic state Sen. Mike McGuire and Republican Assemblymember James Gallagher, who is endorsed by Trump.

Voters from the existing district are also voting in a special election Tuesday to fill the remainder of LaMalfa’s term.

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In the 3rd Congressional District, which lost an eastern rural stretch along Nevada and now holds more tightly to the Sacramento suburbs, Rep. Ami Bera (D-Elk Grove) — who currently represents a different district — is running to remain in Congress in a new seat.

Meanwhile, the 3rd Congressional District’s incumbent, Rep. Kevin Kiley (I-Rocklin), is seeking to do the opposite. He quit the Republican Party, became an independent and is now running for Bera’s current seat in Congressional District 6, which includes the city of Sacramento and Placer County suburbs.

In the 41st Congressional District, which became more liberal after Prop. 50 by losing voters in Riverside County and gaining them in Los Angeles County, a slate of candidates — including Rep. Linda Sánchez (D-Whittier), who currently represents a different district — are running to replace Rep. Ken Calvert (R-Corona). Calvert, a 17-term incumbent, decided to run in the neighboring 40th Congressional District instead.

In the 40th Congressional District, which covers a swath of inland Orange County and portions of San Bernardino and Riverside counties, incumbent Rep. Young Kim (R-Anaheim Hills) is now going head-to-head with Calvert, while also facing several Democratic challengers.

Other districts that were not part of the Prop. 50 shuffle are also attracting attention.

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In the 11th Congressional District in San Francisco, several Democratic candidates are vying to replace Rep. Nancy Pelosi (D-San Francisco), the retiring former House Speaker, including state Sen. Scott Wiener; tech millionaire and Democratic political operative Saikat Chakrabarti; and Connie Chan, a member of the San Francisco board of supervisors who Pelosi endorsed.

Democrats are also closely watching several races where younger Democrats and progressives are challenging older incumbent Democrats, and where newer Democratic incumbents are seeking to hold onto their seats in relatively competitive districts.

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