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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.
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.”
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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.
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.
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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San Francisco, CA
SF scientists build robotic storm samplers to track pollutants before they reach the Bay
SAN FRANCISCO (KGO) — Environmental Scientist Kayli Paterson from the San Francisco Estuary Institute is hitting the road with colleague David Peterson and a trunk full of water sampling robots.
“Yeah, I think the max we’ve ever done was five. But the sites are very close together. Oh, there it is. Hopefully it samples well,” says Paterson as she turns the mobile sampling lab onto a private oak-lined road.
They’re closing in on a watershed creek flowing through the hillsides near the San Andreas Lake reservoir, west of Highway 280 in Millbrae, part of the larger watershed that eventually drains into San Francisco Bay.
“So, we’ve got our sampler. Look at the battery. Hook that up, red and black. This is a 12-volt lithium battery, and it powers our sampler for probably about six to seven days,” she explains, showing off a self-contained unit miniaturized into a portable case.
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The black cases are their latest innovation in stormwater science. Robotic samplers anchor in key sections of the watershed to monitor not only flow, but also the chemicals and pollutants washing downstream toward the Bay.
“And this is a front-line pollution sampler. It’s getting the stormwater before it enters the Bay. And so, we want to know what’s coming into the Bay and getting these samplers out there in more locations will give us a better idea of where we might have issues, where a hotspot is, or maybe a previously unknown contaminant,” says Paterson.
“It’s important to get out that fast,” her colleague David Peterson adds. “You know, in these storms as they’re happening, because the water is picking up pollutants in real time, and we need to be there to capture them.”
When we first met Peterson several years ago, he and another Estuary Institute team were sampling water along the Bay shoreline by hand, a technique that’s still valuable. But to cover more ground, Kayli and a group of collaborators began developing the robotic samplers over recent storm seasons.
Kayli and David start by chaining the unit itself to a tree near the creek bank. The system employs remote-controlled pumps that draw samples from the creek and store them in onboard containers. The software controlling the volume and frequency can be operated from a phone app.
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One of the key targets in this study is a group of so-called “forever chemicals” known as PFAS, synthetic compounds that persist in the environment and have been detected in widespread areas of the Bay.
“And we capture samples and send them off to analytics labs across the country. Typically, universities or private labs will process these for us,” Peterson explains.
For these two stormwater detectives, it’s a mission that requires a combination of speed and patience**, chasing flowing water** through creeks and storm drains, sampling as they go.
“So, we’re looking for areas – the point of this is to do source control. Ultimately, we want to be able to trace this back to a possible source,” says Kayli Paterson.
And potentially prevent a source of toxic pollution from reaching San Francisco Bay and our Bay Area ecosystem.
More than a dozen of the robots were given names in a special contest, including the Big Sipper and the Tubeinator.
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The Denver Broncos are in the market for a running back.
Just two days after NFL Network’s Ian Rapoport reported that Denver wants to have the running back position addressed before the draft, Jonathan Jones of CBS Sports reported that the Broncos are “poised to make a splash” at running back during NFL free agency.
“Denver is the reason why the Jets used the franchise tag on Breece Hall rather than the transition tag, according to sources, making sure Denver wouldn’t get the opportunity to put together an offer the Jets would refuse to match,” Jones wrote for CBS Sports.
Jones said the Broncos would be an obvious potential landing spot for Kenneth Walker, and he noted that Travis Etienne could be a cheaper alternative. The Athletic’s Nick Kosmider also reported this week that Denver is expected to “closely examine” the RB market, and he name-dropped Walker, Etienne and Rico Dowdle.
The Broncos also have an in-house free agent at RB in J.K. Dobbins, who has expressed his desire to remain in Denver. The Broncos can begin negotiating with pending free agents from other clubs on March 9, but no deals can become official until the new league year begins on March 11. In-house free agents can be re-signed at any time.
Social: Follow Broncos Wire on Facebook and Twitter/X! Did you know: These 25 celebrities are Broncos fans.
One of the Seattle Seahawks’ biggest rivals delivered the first big shockwaves of the 2026 offseason.
Why Salk ‘blanched’ at a Seahawks Maxx Crosby trade proposal
Los Angeles Rams have agreed to a deal that would send four draft picks to the Kansas City Chiefs in exchange for All-Pro cornerback and former UW Huskies standout Trent McDuffie, according to a report from ESPN’s Adam Schefter on Wednesday morning.
McDuffie, who is entering the final season of his rookie contract, is expected to sign a long-term extension with the Rams, according to Schefter.
Shortly after the news broke, former NFL quarterback Brock Huard gave his reaction on Seattle Sports’ Brock and Salk.
“This feels like a direct move to match up with JSN and the Seahawks,” Huard said.
Widely considered to be the two best teams in the NFL this past season, the Seahawks and Rams squared off in three epic battles, capped by Seattle’s 31-27 win over Los Angeles in the NFC Championship.
Over those three games, the Rams’ shaky secondary struggled to contain NFL receiving leader and AP Offensive Player of the Year Jaxon Smith-Njigba. The Seahawks star wideout totaled 27 catches for 354 yards and two touchdowns across those three matchups, including 10 catches for 153 yards and a TD in the NFC title game.
Smith-Njigba also had a career-high 180 receiving yards and two touchdowns in an overtime loss to the Rams in 2024.
“It’s kind of like an old NBA world,” Huard said. “Like, alright, we know we’re gonna have to deal with Jordan or we’re gonna have to deal with Pippen or we’re gonna have to deal with Bird. Like, how do we match up? And (the Rams) know that that was the one area – in their back seven – that could not match up.”
Listen to the full Brock and Salk conversation at this link or in the audio player in the middle of this story. Tune into Brock and Salk weekdays from 6-10 a.m. or find the podcast on the Seattle Sports app.
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