Justices fear legal 'chaos' if Trump barred from ballot

+ why HIV rates among gay Black men are skyrocketing ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

Top headlines

Lead story

During historic oral arguments yesterday, most Supreme Court justices seemed inclined to keep former President Donald Trump on the Colorado presidential ballot, despite his actions before, on and after the Jan. 6, 2021, attack on the U.S. Capitol.

Their questions signaled a primary concern about the legal chaos that could happen if all 50 states had to separately evaluate whether Trump’s actions amounted to engaging in insurrection. And there could be further turmoil as states that found they did separately decide whether the 14th Amendment barred Trump not just from holding office but even being on the ballot.

Senior politics editor Naomi Schalit spoke with Derek Muller, an election law scholar at Notre Dame, for some analysis after the hearing. Muller observed that the justices appeared to generally agree that states shouldn’t be allowed to interpret the U.S. Constitution entirely on their own in situations like this, where their decisions would affect national politics. He warned that leaving unanswered the question of whether Trump is eligible to hold office could mean more litigation after the election, if Trump wins.

For the perspective of someone who has served on the federal bench, I spoke with retired federal judge John E. Jones III, now the president of Dickinson College. Like Muller, he expects the justices to overturn the Colorado ruling and allow Trump on the ballot. For Jones, a major concern was that the 14th Amendment was worded vaguely and poorly.

“I think it’s clear they’re going to reverse the Colorado Supreme Court. There’s no question in my mind,” he told me. “The surprise may be that some of the more liberal justices could join the majority.”

[How faith and religion drive the world. Sign up for our weekly newsletter, This Week in Religion.]

Jeff Inglis

Politics + Society Editor

Even a day before the oral arguments, a line had formed outside the Supreme Court to sit in on the court’s session. AP Photo/Jose Luis Magana

‘Look for a reversal in a fairly short period of time’ − former federal judge expects Supreme Court will keep Trump on Colorado ballot

John E. Jones III, Dickinson College

A retired federal judge examines the oral arguments the Supreme Court heard on a case in which Colorado has blocked former President Donald Trump from the ballot.

Politics + Society

Supreme Court skeptical that Colorado − or any state − should decide for whole nation whether Trump is eligible for presidency

Derek T. Muller, University of Notre Dame

Partisan differences at the Supreme Court seemed to be set aside as conservative and liberal justices alike asserted concerns about giving states too much power over national elections.
Lack of access to health care is partly to blame for skyrocketing HIV rates among gay Black men

Deion Scott Hawkins, Emerson College

When appropriate care is available, several studies have shown, gay Black men are more likely to test themselves for HIV and engage in less risky sexual behaviors than gay men of other races.

Ethics + Religion

Love may be timeless, but the way we talk about it isn’t − the ancient Greeks’ ideas about desire challenge modern-day readers, lovers and even philosophers

David Albertson, USC Dornsife College of Letters, Arts and Sciences

Conventional stereotypes about romance portray it as a passionate, irrational game. Ancient philosophers, on the other hand, viewed love as something dangerous − but also enlightening.
It’s the Year of the Dragon in the Chinese zodiac − associated with good fortune, wisdom and success

Mario Poceski, University of Florida

According to the Chinese zodiac signs, each year in the lunar cycle is associated with a particular animal. The cycle repeats every 12 years.
From church to the mosque, faith and friends help Iowa’s African immigrants and refugees build a sense of home

Osamamen Oba Eduviere, University of Iowa; Brady G'Sell, University of Iowa

Immigration may be concentrated on America’s coasts, but newcomers are putting down roots in Midwestern communities as well.

Arts + Culture
Some of the Renaissance’s most romantic love poems weren’t for lovers Shannon McHugh, UMass Boston These moving poems are a reminder that on Valentine’s Day, it’s OK to celebrate a broader definition of love. Ads, food and gambling galore − 5 essential reads for the Super Bowl Nick Lehr, The Conversation Oh, yeah, and there’s a game, too.

Science + Technology
FCC bans robocalls using deepfake voice clones − but AI-generated disinformation still looms over elections Joan Donovan, Boston University Deepfake technology is widely available, and a pivotal election year lies ahead. The FCC banned AI robocalls, but AI-enhanced disinformation campaigns remain a threat.

Education
Why John Dewey’s vision for education and democracy still resonates today Nicholas Tampio, Fordham University Educational philosopher John Dewey saw America’s schools as a place for students from different backgrounds to learn from one another.

International

Israel is a Jewish nation, but its population is far from a monolith

Jessica Trisko Darden, Virginia Commonwealth University

The Israel-Hamas conflict is putting a spotlight on all of the different people affected by the war, including Israel soldiers from Ethiopian, Filipino and Bedouin backgrounds.
Whether of politicians, pop stars or teenage girls, sexualized deepfakes are on the rise

Anastasia Powell, RMIT University; Adrian J. Scott, Goldsmiths, University of London; Asher Flynn, Monash University; Asia A. Eaton, Florida International University

The proliferation of non-consensual, sexualized deepfake images is a reflection of society’s negative attitudes towards women.
Netanyahu’s position becoming more uncertain as Israeli PM rejects Hamas deal to end war

Anne Irfan, UCL

Netanyahu has rejected the latest peace deal and vowed to continue until Israel achieves ‘total victory."

Podcast 🎙️
How a place’s ecology can shape the culture of the people who live there Mend Mariwany, The Conversation Michael Varnum explains new research on the role ecological factors play in the differences between cultures. Listen to The Conversation Weekly podcast.

Trending on site
Dietary supplements and protein powders fall under a ‘wild west’ of products that necessitate caveats and caution The myth of men’s full-time employment More than 78 ‘friends’ of the Supreme Court offer advice on the 14th Amendment and Trump’s eligibility

The Conversation Quiz 🧠
Here’s the first question of this week’s edition: The Lunar New Year is celebrated tomorrow. One tradition of the Chinese holiday is the giving of hóngbāo, or red envelopes. 🧧 What's in the envelopes? A. Money B. Love notes C. Fortunes D. Grocery coupons Test your knowledge

More of The Conversation
Like this newsletter? You might be interested in our weekly and biweekly emails:
• Weekly Highlights • Science Editors' Picks
• This Week in Religion • Politics Weekly
• Global Perspectives • Global Economy & Business
Follow us on social media:
• Threads • Bluesky
• Mastodon • Post.news
• LinkedIn • Instagram
• Facebook • Or get a daily text from us
About The Conversation
We're a nonprofit news organization dedicated to helping academic experts share ideas with the public. We can give away our articles thanks to the help of foundations, universities and readers like you.
Donate now to support research-based journalism

Justices fear legal 'chaos' if Trump barred from ballot

Politics + Society

Ethics + Religion

Arts + Culture

Science + Technology

Education

International

Podcast 🎙️

Trending on site

The Conversation Quiz 🧠

More of The Conversation

About The Conversation

Older messages

You Might Also Like