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Reason
Reason
Ilya Somin

Thoughts on the Supreme Court Oral Argument in the Trump Section 3 Case

(Wikimedia)

Today's Supreme Court oral argument in Trump v. Anderson overwhelmingly focused on the issue of whether Section 3 of the Fourteenth Amendment is "self-executing," that is whether states can enforce it in the absence of congressional legislation. Most of the other issues at stake in the case got little or no attention. For example, there was almost no discussion of the question of whether the January 6 attack on the Capitol was an "insurrection" and whether Trump "engaged" in it.

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