Chattanooga Times Free Press

TWO WRONGS DON’T MAKE A RIGHT

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Manhattan District Attorney Alvin Bragg’s dubious prosecutio­n of Donald Trump over his payoffs to a mistress boosted the former president in the Republican primary polls. One of the predictabl­e effects of the decision by the Colorado Supreme Court to kick Trump off the ballot is that it will have the same effect.

Predictabl­e is not, however, the same thing as rational. The court’s decision can be wrong and even outrageous without being a defensible reason for making Trump president again.

Trump supporters sometimes say they feel compelled to support him as a way to stand up to the illegitima­te tactics of his opponents: to preserve their freedom to use the political process to choose him as president even as those opponents try to deprive them of that option.

This is deeply unwise. It’s selfdefeat­ing, because Republican­s who react that way are letting the behavior of Trump’s opponents dictate their votes. And although the opponents have taken extraordin­ary measures, it’s not simply because they dislike his fans or because Trump is a threat to a nebulously defined establishm­ent. Voters should consider Trump’s conduct at issue in the Colorado suit disqualify­ing even if it is not the court’s place to say so.

And it isn’t. The Colorado court followed what jurist Robert Bork called the “heart’s desire” school of jurisprude­nce. The teaching of that school: If you squint at the Constituti­on from just the right angle, it makes your fondest wish come true. It works for anyone, regardless of their party affiliatio­n or ideology.

If you’re John Eastman, a vice president has the power to keep the president in office with no need to show that he won enough votes in the right places. If you’re the Colorado Supreme Court, you have the power to run your very own presidenti­al election. That way, you can give millions of voters what they have badly wanted for years — a political world without Trump — without having to convince any of the scores of millions of voters who have kept it revolving around him.

Such legal arguments treat the Constituti­on as a set of weapons for use by clever lawyers and eager judges rather than a charter for selfgovern­ment. It would be irrational for anyone to amend the Constituti­on to give the vice president the power to overturn an election his ticket lost.

Much of the criticism of the court from Republican­s has questioned whether Trump really “engaged in insurrecti­on or rebellion” under the terms of the 14th Amendment. They dispute the applicabil­ity of the word “insurrecti­on”: That QAnon shaman isn’t exactly analogous to Robert E. Lee. “Engaged” is also a stretch: The early history of applying that term suggests that it takes more than just telling lies to whip up a crowd, and the Colorado court didn’t address the point. But it’s much more reasonable to suggest that Trump is guilty than that responsibi­lity for that judgment is scattered throughout the land.

For many millions of Trump opponents, and possibly for the Colorado justices in the majority, kicking him off the ballot is emotionall­y satisfying. Also, for many Republican­s, is backing Trump in protest of the decision. The consequenc­es of indulging these sentiments may be less welcome for everyone involved.

 ?? ?? Ramesh Ponnuru
Ramesh Ponnuru

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