Today the Supreme Court decided Trump v. Anderson. The majority, in a per curiam opinion, makes four primary moves.
First, the Court agrees with Chief Justice Chase's opinion in Griffin's Case (1869) that Congress must establish the procedures to enforce Section 3:
It is therefore necessary, as Chief Justice Chase concluded and the Colorado Supreme Court itself recognized, to "'ascertain[] what particular individuals are embraced'" by the provision. App. to Pet. for Cert. 53a (quoting Griffin's Case, 11 F. Cas. 7, 26 (No. 5,815) (CC Va. 1869) (Chase, Circuit Justice)). Chase went on to explain that "[t]o accomplish this ascertainment and ensure effective results, proceedings, evidence, decisions, and enforcements of decisions, more or less formal, are indispensable." Id., at 26.
