Accurate, Focused Research on Law, Technology and Knowledge Discovery Since 2002

Supreme Court Inadvertently Reveals Confounding Late Change in Trump Ballot Ruling

Slate: “The Supreme Court’s decision on Monday to keep Donald Trump on Colorado’s ballot was styled as a unanimous one without any dissents. But the metadata tells a different story. On the page, a separate opinion by the liberal justices is styled as a concurrence in the judgment, authored jointly by the trio. In the metadata of the link to the opinion posted by the court, however, this opinion is styled as an opinion concurring in part and dissenting in part, authored not by all three justices but by Sonia Sotomayor alone. Even a techphobic reader can discern this incongruity through careful copying and pasting, piercing the facade of unanimity that the conservative justices sought to present.What happened? Most obviously, the Supreme Court rushed out this opinion and forgot to check the metadata. The court, after all, scheduled the opinion’s release only one day earlier, on Sunday afternoon, evidently to hand it down before Tuesday’s Colorado primary. Moreover, the justices did not take the bench to announce the opinion, as they usually do—probably because they had not all planned to be in D.C.—further proving that it was a last-minute release. The deeper question remains, of course: Why was an opinion originally authored by a lone justice as a partial dissent transformed into a concurrence authored by all three liberals together? We cannot know with any real certainty. We may never. But we can certainly speculate…Such guesswork is ultimately somewhat of a fool’s errand, but it’s irresistible when the Supreme Court leaves such a big clue dangling in the metadata. (I asked the court for comment on Monday but have not yet received a response.) Whatever happened behind the scenes, the final product is plenty fractured on its own terms. The liberal justices can call their opinion whatever they want. At the end of the day, it reads exactly like what it is: a furious and fearful dissent.”

See also Bloomberg Law: “…The liberal justices said the court’s decision “goes beyond the necessities of this case to limit how Section 3 can bar an oathbreaking insurrectionist from becoming President.” “In a sensitive case crying out for judicial restraint, it abandons that course,” they said. In doing so it “attempts to insulate all alleged insurrectionists from future challenges to their holding federal office.” They noted in their opinion that “a simple majority could nullify Section 3’s operation by repealing or declining to pass implementing legislation.”

Sorry, comments are closed for this post.