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Yes, You Can Vote for an Insurrectionist

Slate Daily Feed

Slate

Business, News, Society & Culture

3.91.1K Ratings

🗓️ 4 March 2024

⏱️ 8 minutes

🧾️ Download transcript

Summary

This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.


ROTATING RED LIGHT!!! The Supreme Court ruled early Monday that alleged insurrectionist Donald Trump can remain on the Colorado republican primary ballot, and that no state may remove him, even if they want to. That’s Congress’ job. The 9-0 decision wasn’t unexpected, but the broad reasoning used by five of the court’s conservative justices certainly was, to the chagrin of the liberals and Amy Coney Barrett. 


In this special emergency episode, Dahlia Lithwick is joined by Slate’s very own pocket justice league, Mark Joseph Stern and Jeremy Stahl, to discuss what this blockbuster result in Anderson says about the court’s consolidation of power and how it has helped Trump in so many ways. 


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Transcript

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0:00.0

Hi and welcome to a special emergency episode of Amicus.

0:09.7

This is Slate's podcast about the courts and the law, the Supreme Court, the rule of law, I'm

0:15.4

Dahlia Lithwick. I cover some of those things for Slate, even as each and every one of them

0:20.3

continues to multiply like tiny little mushrooms in the forest in the rain.

0:26.8

We are bringing you this extra bonus episode so we might process together the not at all unexpected nine nothing decision that came down Monday morning,

0:37.0

holding that states may not remove Donald J. Trump from the ballot in Colorado or any other state under Section 3 of the 14th Amendment.

0:47.1

The decision in Trump v. Anderson functionally ends any attempt to bring about accountability for the events of January 6, 2021, at least by way

0:58.4

of ballot removal for a candidate.

1:00.5

Slate Plus members have access to the full version of this episode. If you are not a slate

1:06.3

plus member, we're going to share a little taste of that conversation. You can always head

1:11.7

over to slate.com slash amicus plus to become a member and to listen

1:16.7

to this episode in full that slate.com slash amicus plus.

1:23.5

Given the tenor of oral arguments in Anderson,

1:27.4

the Colorado ballot case last month,

1:30.4

the 9-0 result is of course unsurprising.

1:33.7

But while the opinion was styled as a per curiam, meaning that it was unsigned, we don't quite

1:39.1

know who authored it, there are two separate concurances that would have vastly limited the scope of the

1:46.5

court's ultimate conclusion that provides that only Congress can enforce Section 3 against federal office holders and only using some formula that

1:58.4

we don't get to understand. The caped crusaders of Slate's

2:04.3

jurisprudence team, that is senior legal writer Mark Joseph Stern, chief

2:09.0

law of Trump, T.M. correspondent Jeremy Stahl, are here with me, bless their hearts, to pick through this decision.

2:17.4

Welcome Mark, welcome Jeremy.

...

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