Bonus 65: Five Things I'm Listening For in Today's Section 3 Argument

In advance of this morning's oral argument on whether former President Trump is disqualified from future federal office, some thoughts on what I'll be listening for

Welcome back to the weekly bonus content for “One First,” and a special welcome to new subscribers!! Although Monday’s regular newsletter will remain free for as long as I’m able to do this (like this Monday’s discussion of Lincoln, Taney, and the suspension of habeas corpus), much of the bonus content is behind a paywall as an added incentive for those who are willing and able to support the work that goes into putting this newsletter together every week. I’m grateful to those of you who are already paid subscribers, and hope that those of you who aren’t will consider a paid subscription if and when your circumstances permit:

The topic for this week’s bonus content is an obvious one. Even with Tuesday’s unanimous ruling by the D.C. Circuit that former President Trump is not immune from criminal prosecution for his role in the events leading up to (and on) January 6, 2021, about which I’ll have much more to say on Monday, today’s oral argument in the ballot disqualification case clearly takes precedence.

I don’t think it’s an overstatement to suggest that this is one of the biggest cases that the Court has heard in decades—and possibly the most politically significant argument since Bush v. Gore in December 2000. As I wrote back in December, I think that this case poses myriad legal and political challenges for the justices (some of their own making), even if you think (as I do) that Trump did “engage in” insurrection. Rather than rehash that analysis, I thought I’d use today’s issue as something of a “what to listen for” guide for those who are planning to live-stream the argument, which should begin sometime around 10:10 ET (the Court is set to hand down one or more opinions in argued cases, which will not be live-streamed because … reasons, before it turns to the main event).

For those who are not paid subscribers, the next free installment of the newsletter will drop on Monday morning. For those who are, please read on.