Daily Broadside | Per Curiam, Baby! U.S. Supreme Court Unanimously Slaps Colorado Silly

SCOTUS rules 9-0 that Colorado can’t remove Trump from their ballot, no matter what Colorado’s Supreme Court says.

The Supreme Court ruled on March 4 that former President Donald Trump can’t be removed from the ballot by individual states, overturning the Colorado Supreme Court decision that found him ineligible as a candidate and disqualified from the state ballot under Section 3 of the 14th Amendment.

“Responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress and not the States. The judgment of the Colorado Supreme Court therefore cannot stand,” the per curiam order reads. “All nine Members of the Court agree with that result.”

This was not a “partisan” Supreme Court decision, with the liberal justices taking one side and the other justices taking the other. All nine of them agreed that Colorado doesn’t have the authority to remove Trump from the ballot based on Section 3 of the Fourteenth Amendment.

“Because the Constitution makes Congress, rather than the States, responsible for enforcing Section 3 against federal officeholders and candidates, we reverse.”

Ed Morrisey at Hot Air says the nine justices wanted to make this stick, and quotes Associate Justice Amy Coney Barrett’s separate concurrence that makes that point:

She emphasizes, however, that the real story here is their unanimity in regard to state action on Section 3:

Particularly in this circumstance, writings on the Court should turn the national temperature down, not up. For present purposes, our differences are far less important than our unanimity: All nine Justices agree on the outcome of this case. That is the message Americans should take home.

So Trump remains on the ballot in all 50 states and that is important particularly today — Super Tuesday. Trump won the North Dakota Republican caucus last night. Today’s contests cross these states: Alabama, Alaska, Arkansas, California, Colorado, Iowa, Maine, Massachusetts, Minnesota, North Carolina, Oklahoma, Tennessee, Texas, Utah, Vermont, Virginia, and American Samoa.

New polls show that Trump is outperforming Biden. Fox News shows Trump leading Biden “in a potential rematch, the survey finds Trump receives 49% support while Biden gets 47%.  That’s pretty much where it’s been since September.  Trump’s advantage is within the margin of sampling error.”

At National Review, Rich Lowry asks a rhetorical question: “How is this survivable [for Biden]?”

That’s a rhetorical question. There are ways it could be survivable, but this finding in the new Fox News poll has to be the most disturbing result from the new bout of general-election polling. Besides the public’s belief that Biden is too old to serve again, 48 percent said that Biden’s policies are hurting them and their families, and only 25 percent said they are helping — whereas 45 percent said Trump’s policies helped and 32 percent said they hurt.

The latest CBS News / YouGov poll agrees:

As Super Tuesday makes an historic rematch all but official, voters are comparing not just two presidents, but two presidencies

And right now former President Donald Trump emerges from that comparison as the frontrunner. He leads President Biden by four points nationally, his largest lead to date. Here’s why:

Voters recall the economy under Trump more fondly than they rate the economy now. 

While neither gets great marks, voters today look back on Trump’s presidency with relatively better retrospective ratings than they’d rate Joe Biden’s presidency so far. 

And in a New York Times/Siena College poll, Trump leads Haley “77%-20% among registered GOP primary voters when asked which candidate they’d be most likely to vote for if the election for the Republican nominee for president were held today. The former president also has a strong lead over Haley – 76.9%-14.5% – in FiveThirtyEight’s Republican primary polling average as of March 4. Biden, meanwhile, was down 43%-48% against Trump with regard to the likely November matchup, according to the Times/Siena poll.”

This is the same feel I got watching Trump in 2020; the momentum was there, the energy was there, the voters were there. But our domestic enemies were “fortifying the election” and if you don’t think they’re making plans for November, you haven’t been paying attention, because their plans include all of the election interference we’re watching as ridiculous lawfare suits are slapped on Trump and his associates.

That’s why the SCOTUS decision yesterday was a breath of fresh air. Unfortunately, Coney Barrett’s entreaty to turn down the national temperature will go unheeded by the Left.