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Tomorrow morning, the Supreme Court is set to hear oral arguments regarding whether Donald Trump’s involvement in the January 6th insurrection disqualifies him from running for president. This all began when Colorado’s highest court decided to exclude Trump from the state’s primary ballot, citing a violation of the anti-insurrection provision, Section Three, of the 14th Amendment. I spoke with former presidential candidate Hillary Clinton to gather her thoughts on how the court might handle such a case.

The Supreme Court is set to discuss the 14th Amendment question tomorrow: Did Trump foment an insurrection, and should he be taken off the ballot? Let’s put that issue aside for now. The idea of effectively defeating Trump by removing him from the ballot raises the question of whether it’s a good endeavor. Clinton expressed her efforts to educate herself on the matter, as Section Three of the 14th Amendment isn’t something that has received much attention in the past.

However, there is a strong argument to be made, and it’s important to note that this argument didn’t originate from liberals or those who are already against Trump. It was put forward by conservative originalists, including law professors and lawyers, who claimed that if you read Section Three of the 14th Amendment, it’s clear that Trump should not be allowed to run for president. Clinton believes that the argument is strongly in their favor. Now, the question is, what is the proper remedy? Is it for the Supreme Court to declare that Trump cannot be on the ballot, or should the court state that the provision applies constitutionally but leave it to the states to make the determination, as states run elections in our federalist system?

There’s a possibility that the Supreme Court will find that Section Three applies to people who foment and participate in insurrections, but the remedy will lie in the hands of the states. This approach could provide a fair way of dealing with the situation. However, Clinton also expressed her concerns that leaving the decision to the states could result in Trump being taken off the ballot in blue states but remaining on the ballot in red states, further deepening the division in the country.

Reflecting on the 2016 election and the current state of political divide, Clinton pointed out that the nation is deeply divided and there is a widespread belief among some in the Republican party that Joe Biden didn’t win the 2020 election. She emphasized that the entire situation is a result of having a leader who disregards the constitution and the well-being of the country and only cares about his own power and standing. While defeating him in the popular vote and electoral college would be satisfactory, she acknowledged the importance of respecting the laws and the role of the courts in interpreting them.

The discussion highlights the complex legal and political issues surrounding the case. The possibility of the Supreme Court returning the decision to the states is a realistic scenario, but it raises concerns about potential chaos in the electoral process. Additionally, there’s speculation about the Supreme Court’s approach to the case and whether it might link the outcome of the presidential immunity case with the 14th Amendment case. Meanwhile, the Florida case and the D.C. Circuit Court’s ruling on presidential immunity add another layer of complexity to the situation. The conversation underscores the importance of upholding the constitution while also addressing the challenges and dilemmas that the courts and states face in resolving a contentious issue.

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