Supreme Court heads into uncharted, dangerous territory as it considers Trump insurrection case

The U.S. Supreme Court. Larry Crain/ iStock / Getty Images Plus by Jessica A. Schoenherr, University of South Carolina and Jonathan M. King, West Virginia University Can Colorado disqualify former President Trump from the state’s primary ballot? That’s the momentous question the U.S. Supreme Court will consider in Trump v. Anderson, a case being argued before the justices on Feb. 8, 2024. The case involves the justices wading into the unfamiliar waters of the 14th Amendment’s insurrection clause. Legal experts on both sides of the political aisle filed amicus briefs to plead with the justices to either allow Trump to stay on the ballot or keep him off it. As scholars who study how the federal judiciary is changing, we believe that Trump’s unprecedented relationship with the judiciary makes this case important in ways that go beyond the legality of his ballot removal. One dark shadow hanging over this case is that the justices’ decision could affect the court’s legitimacy, too. Public support for the court and its overall legitimacy are already at all-time lows. Part of this results from the current polarization of the electorate. That polarization has led people to shift their support for the court based on...