“The Supreme Court’s Election Dilemma”

Jeff Rosen in the WSJ Saturday Essay: (Corrected link)

The Supreme Court, too, might decide that removing Trump from the ballot in some states but not others risks chaos. The dilemma facing the conservative majority is that in the past it has rejected the relevance of prudential considerations, such as avoiding chaos, insisting that it’s important to follow the text of the Constitution regardless of the practical consequences.

The election case will revive the debate between the more pragmatic Chief Justice Roberts and the rest of the conservative majority, which tends to be more devoted to textualism and originalism. In his votes to uphold the Affordable Care Act and to avoid formally overturning Roe v. Wade, Roberts has emphasized the importance of considerations such as respecting precedent or maintaining the Court’s nonpartisan legitimacy.

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