Today's unanimous per curiam Supreme Court decision in Trump v. Anderson overturns the Colorado Supreme Court ruling disqualifying Donald Trump from the presidency under Section 3 of the Fourteenth Amendment. It does so on the ground that Section 3 is not "self-executing." Thus, only Congress, through special legislation, has the power to enact legislation specifying which people are to be disqualified and under what procedures. This outcome was predictable based on the oral argument. But it is nonetheless badly wrong.
