Trump v Anderson, will SCOTUS find that congressional action is required to enforce Section 3?
210
resolved Mar 4
Resolved
YES

The Supreme Court is expected to decide soon on whether to uphold or reverse the Colorado Supreme Court's decision in Trump v. Anderson. In their decision, will they make the specific determination that Section 3 of the 14th Amendment can only be executed by Congress?

Only the majority opinion is considered. Concurring and dissenting opinions do not count.

Resolves YES if:
The majority decision of SCOTUS in Trump v. Anderson finds that Congress is the only body with authority to determine whether someone has/has not engaged in insurrection in the context of Section 3, and should therefore be disqualified from holding office.

This finding must not be specific to this case. If the court finds, for some reason, that congressional action is required to disqualify Trump, but some other means may be used to disqualify insurrectionists in the future, this will resolve NO.

Resolves NO in all following cases:

SCOTUS decides for themselves whether Trump has/has not engaged in insurrection

SCOTUS upholds the lower court's decision

SCOTUS identifies another way that an individual may be disqualified from holding office under Section 3 (i.e. being convicted of insurrection by a criminal court)

SCOTUS decides on the case without clarifying who is/is not able to apply Section 3

As such, I do not intend for there to be a way for this to resolve N/A.

This may still be unclear - I will try to clarify asap

Resolves whenever decision comes out

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This should be near zero in my (probably uninformed) opinion - I would think this is something that is decided in a court. But I decided to make this market in case they say that it's too political for a court to decide, or similar.

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