Four of the nine justices - its three liberal members and its newest member - disagreed with the rest of the court about decision, saying the outcome powered by five conservative justices went further than necessary.
It ruled that barring state enforcement avoids a “patchwork” of candidates being declared ineligible in some states but not others. On that point all the justices agreed.
But liberal Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson, as well as conservative Justice Amy Coney Barrett, in separate opinions faulted the other five justices for going further to specify that Section 3 can be enforced only through federal legislation. Given the profound partisan divisions in Congress, any such legislation is highly unlikely.
(George Mason University constitutional law professor) Ilya Somin said he was disappointed the justices did not delve into tricky questions that the Colorado Supreme Court tackled, including its conclusion that the Jan. 6, 2021, Capitol attack was an insurrection and that Trump took part.
It’s the modus operandi of the Roberts Court. Citizens United was originally about airing a political documentary too close to an election, until the conservative majority went above and beyond to basically make spending money a form of protected speech.
The Colorado case was just about a state court taking someone off a ballot, and the conservative majority went above and beyond to neuter a constitutional amendment.