Why Trump might join the ballot in Colorado

Derek Muller, an election law expert at Notre Dame Law School who filed a neutral brief that offered analysis of key legal questions, said after the hearing that the justices are likely to put Donald Trump back on the ballot in Colorado. 

“The justices seemed concerned that one state could affect the entire presidential election process, and that there needed to be some guidance from Congress before such an extraordinary measure could be taken,” Muller said. “The Court seemed inclined to let the political process play out.”

Muller – who hasn’t taken a position on Trump’s eligibility under the 14th Amendment – pointed out that several justices expressed unease with states implementing the ban without some sort of guidance from Congress. 

“It’s not surprising to see the justices express discomfort with the proposition that the United States Supreme Court should wade into a factual and legal mire like this,” Muller said. “But it was somewhat surprising that there seemed to be consensus around the theory that states could not do this without congressional legislation.”