Publication Date

2024

Publication Title

Public Law & Legal Theory

Abstract

This Comment analyzes the Trump v. Anderson per curiam on its own terms, and by the criteria generically employed by the Court in other rulings. I untangle and then closely evaluate three distinct structural logics upon which the Court’s holding rests. These logic sound in terms of the registers (roughly speaking) of federalism, the separation of powers, and democracy. Because the first two founds prove incoherent, I show that the opinion ultimately rests on an (unpersuasive) logic of democratic defense. The disqualification shares this foundation with the Court’s subsequent immunity decision, which is also briefly discussed. Both judgments, I show, inflict serious harms on the project of enduring democratic rule. It is the aim of this Comment to start to measure the bounds of that damage.

Number

854

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