The Volokh Conspiracy;

This afternoon the Supreme Court agreed to review the Colorado Supreme Court decision disqualifying Trump from appearing on the state’s ballot in the 2024 presidential election, under Section 3 of the Fourteenth Amendment. The case will be heard on an expedited schedule, with oral arguments scheduled for February 8, a little over one month from now. The justices likely chose to hear the case quickly so as to make sure it gets resolved before we go too much further into the 2024 election cycle.

Significantly, the Court has not limited the questions presented. That means the justices could potentially consider the full range of issues raised by the case, including whether the January 6 attack on the Capitol qualifies as an “insurrection,” whether Trump’s actions amount to “engaging” in insurrection, whether the president is an “officer of the United States” covered by Section 3, whether Section 3 is “self-executing,” whether it is a “political question,” and whether Trump got adequate due process in the state court. There may be some additional procedural questions, as well. But perhaps the Court will issue narrowing questions presented before briefs are due.

ViaGlenn Reynolds: A disqualification would poison American politics for a generation. Which might be one of the left’s goals.