The Supreme Court’s Ruling on the Eligibility of Insurrectionists To Hold Public Office

The Supreme Court ruled Monday that action by Congress is required to implement the 14th Amendment’s provision that people who take part in an insurrection are ineligible to hold public office. The ruling has the merit of avoiding the risk of a candidate for the presidency being determined to be an insurrectionist and ineligible to hold office in some states, but not in others. It is disturbing, nevertheless, because the language of the Constitution is clear, and it’s also clear that Trump took part in an insurrection. Indeed, he instigated it. The Court’s ruling has the effect of striking the applicable provision from the Constitution.