A ruling removing him from Colorado's ballot may be overturned - and could even bolster his campaign.

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Over the past few years, I’ve reminded you of the best Christmas specials and talked about some classic Christmas music. This year, it’s time to clear the field for the greatest adaptation of the greatest Christmas story.

First, here are three new stories from The Atlantic:

The Colorado Supreme Court just gave Republicans a chance to save themselves. The Colorado ruling calls the originalists’ bluff. Trump insists he hasn’t read Mein Kampf.

The holidays are a time to look back on a long year, but also to look forward to the new one. Give an Atlantic subscription to someone close to you and they’ll get a year of the best coverage on the most important stories—to stay informed and inspired as we enter the new year.

An Actual Ghost Story

Christmas, no matter what your religious beliefs, is a wonderful time to cherish our friends and family but also, in the season’s spirit of reconciliation, to recognize and embrace our common humanity with people everywhere. In the approaching depths of winter, we can recommit to kindness, peace, and joy. That’s why I would like to take this opportunity, right before the holiday, to make you all mad one more time with one of my cultural takes.

There are some good adaptations of the Charles Dickens’ classic A Christmas Carol, and many bad ones, but only one truly great version, and it is the 1984 made-for-television movie starring George C. Scott.

Wait. Hear me out.

I know that many people are intensely loyal to the 1951 version (titled A Christmas Carol in the United States, and released in the U.K. as Scrooge), starring Alastair Sim. I understand why. It’s charming, in its way, but it is also enduring because so many of us grew up with it. For a time, it was like It’s a Wonderful Life, the black-and-white wallpaper always there in the background after Thanksgiving. And Sim is wonderful: He was only 50 when he filmed Scrooge but he looks much older; his Scrooge is so deformed by sin that his transformation later in the story is almost a physical change, wondrous and giddy.

But for me, too much of Scrooge is formal and stagey. And let’s not even talk about the other versions from the 1930s, or the Muppets, or Bill Murray, or the cartoons, or the more arty takes. Some of them are truly awful. (I’m looking at you, Guy Pearce.)

When I first saw the Scott version, however, I loved the tighter connection to the book, and especially the attention to detail and atmosphere. No, it doesn’t really snow that much in London, but the 1984 version is so evocative that you can almost smell Scrooge’s musty bedroom, the happy stink of the open-air butchers and fishmongers, and the scrawny goose roasting in Mrs. Cratchit’s tiny kitchen.

Most important, just as Sim carried Scrooge, this version is Scott’s movie, despite the outstanding actors around him. Scott was an American, and his British accent slips now and then—I always wince when he tries to get his tongue around “I wonder you don’t go into Parl-ya-ment”—but years of hard living gave him a face, a voice, and a stare that no other Scrooge could match.

And yes, he was fat. Scrooge, in most other iterations, is a scrawny geezer who doesn’t eat much or drink or “make merry” at Christmas. But Scott’s Scrooge is a barrel-chested bully, an imposing and nasty piece of work. He’s not particularly disciplined or monkish; he’s just a corpulent old bastard who can’t remember that he was once a human being.

Then there are the ghosts. They’re deeply unsettling apparitions, which makes Scott’s version a bit more PG-13 than most of the other adaptations.

Frank Finlay’s Marley, in particular, is not some old pal coming to issue a friendly warning. Marley is a damned soul, wailing and doomed. He’s a rotting corpse, for crying out loud. Angela Pleasence is a radiant and annoying Ghost of Christmas Past. At first, I found her off-putting, and then I realized: She’s supposed to be annoying. She’s not guiding Scrooge on a nostalgia tour of his youth; she’s taking acidic delight in showing Scrooge what a jerk he’s become. Every Scrooge loses his temper at these “pictures from the past,” but Scott’s anger seems especially justified as Pleasence smirks at him.

Edward Woodward, however, steals every scene he’s in as the Ghost of Christmas Present. Instead of some phantasmic simp gently reminding Scrooge of the need for Christian charity, Woodward is a striding giant, a knight of Christmas whose mirth barely conceals his moral rage. When observing Bob Cratchit’s family doting on Tiny Tim, he snarls to Scrooge: “It may well be that, in the sight of heaven, you are more worthless and less fit to live than millions like this poor man’s child!” Woodward delivers it not as a rebuke but as a threat, and that moment still sends a chill through me.

I also have a very personal reason for loving Scott’s version more than any other.

My father was, if not a Scrooge, something of a Grinch, as my mother called him every year. He growled about how Christmas was a giant, expensive pain in the ass. But my dad was a churchgoing Christian, and he harbored a secret love for the holiday. Despite his bah-humbug approach, he insisted on a real tree every year, leaving the decorating to me and my mother. He wrapped his own presents, if you can count “rolling them through paper and tape” as “wrapping.” He and I would go to Christmas Eve services (in Greek Orthodox churches, they’re usually in the late afternoon or early evening) every year while my mother prepared dinner.

But my father was also a very difficult man, and my parents had an extremely volatile marriage. Like many men, my father carried his share of sins and secrets. And like most men of his generation, he did not often speak of them. Some, I know, weighed on him to the very end of his life.

So I was surprised when, one night in the mid-1980s, he joined us to watch A Christmas Carol. We sat in our dark living room with a small fire and no light but the blinking tree. He was chatty and seemed to enjoy it, but he became very quiet toward the end, when Scrooge realizes that at a not-so-distant future Christmas, he is dead and no one cares. Alone in the darkness and the snow, Scott pleads for mercy not like some accomplished thespian in the scene of his life but like an old man at the edge of the abyss, one who now fully understands how his own actions brought him to a desolate end.

I looked over at my parents. My mom was holding my father’s hand. And my father, quiet in the dark, had tears on his cheeks.

Until that moment, I could count on one hand the number of times I’d seen my father cry, including at his mother’s funeral—and certainly never at a movie. Scott got to him, perhaps because Scott’s Scrooge was a man my father could understand: loud, tough, and full of anger and regret, rather than the effete, pinched-face slip of a fellow played by Sim and others.

In later life, I sometimes feel the same tears welling in my eyes when Scott pleads for one more chance. These tears are not only for my father, who struggled with his own burdens to the end of his life, but for myself as well. It’s easy to hate Scrooge when you’re young and think you have plenty of time to straighten yourself out. When you’re older, you start to wonder how much time you’ve let get by you, and whether you and the elderly miser have more in common than you might like to admit.

Scott’s A Christmas Carol isn’t perfect; it has some especially cringeworthy and twee moments with Tiny Tim. But this isn’t Tim’s story. It’s about looking into the grave and realizing that on Christmas—or any day, really—it is always within our power to change our heart and to become, like Scrooge, “as good a friend, as good a master, and as good a man as the good old city knew.”

To borrow another line from Dickens: May that be truly said of all of us.

Merry Christmas. See you next week.

Related:

We need a little Christmas (music). The most beloved Christmas specials are (almost) all terrible.

Today’s News

Hamas leader Ismail Haniyeh arrived in Egypt for talks with Egyptian officials about a possible new cease-fire in Gaza and hostage swaps. After three years of negotiations, the European Union reached a provisional agreement to overhaul its asylum and migration laws. Pending ratification, the pact aims to make it easier to limit the entry of migrants while still protecting the right to asylum, according to EU officials. The World Health Organization designated the new JN.1 coronavirus strain as a “variant of interest” yesterday because of its “rapidly increasing” spread.

Evening Read

Pablo Delcan

My Father, My Faith, and Donald Trump

By Tim Alberta

It was July 29, 2019—the worst day of my life, though I didn’t know that quite yet.

The traffic in downtown Washington, D.C., was inching along. The mid-Atlantic humidity was sweating through the windows of my chauffeured car. I was running late and fighting to stay awake. For two weeks, I’d been sprinting between television and radio studios up and down the East Coast, promoting my new book on the collapse of the post–George W. Bush Republican Party and the ascent of Donald Trump. Now I had one final interview for the day …

All in a blur, the producers took my cellphone, mic’d me up, and shoved me onto the set with the news anchor John Jessup. Camera rolling, Jessup skipped past the small talk. He was keen to know, given his audience, what I had learned about the president’s alliance with America’s white evangelicals … Polling showed that born-again Christian conservatives, once the president’s softest backers, were now his most unflinching advocates. Jessup had the same question as millions of other Americans: Why?

Read the full article.

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If all goes well, 2023 will be remembered as the year the clean-energy revolution took off in America. Hundreds of billions of dollars in climate-related spending flowed into the U.S. economy. Nearly 300 clean-energy projects were announced across the country, and electric-vehicle sales hit a new record. “America is once again leading the world in the fight against climate change,” Joe Biden wrote, not unreasonably, in a presidential proclamation in October.

Here’s something else America is leading the world in: oil production. This year, the United States pumped out more oil than any other country in history, producing millions more barrels than Russia or Saudi Arabia ever have and accounting for almost a fifth of the world’s total oil production. And the Biden administration played a part in making it happen.

Raising America’s fossil-fuel output was not part of the president’s original plan. In his first week in office, Biden killed the proposed Keystone XL pipeline and placed a moratorium on new leases for oil and gas projects on federal lands (a decision that was later overturned by the courts). But a year into his term, Russia’s invasion of Ukraine sent global oil prices soaring. From January to June 2022, the price of gasoline rose 49 percent, to a national average of more than $5 a gallon—the highest price in more than a decade. Spiking energy prices pushed already-high inflation even higher, igniting fears of a 1970s-style price spiral. Voters’ views on the economy began plummeting just months before a pivotal midterm election.

So the Biden administration began using every tool at its disposal to bring prices under control, most of which involve increasing supply. It released 180 million barrels from the nation’s strategic petroleum reserve, eased sanctions enforcement against Venezuela and Iran, and pressured domestic companies to boost production. That fall, the administration announced measures to “encourage immediate investment” by promising to buy oil from private producers if the price were to fall below a certain level. Although the president’s control over gas prices is limited, these ongoing actions appear to have made an impact. A Treasury Department analysis credited the strategic-petroleum-reserve release alone with shaving off 40 cents a gallon, and some experts believe that the impact was even greater. “President Biden is committed to doing everything in his power to respond to Putin’s Price Hike at the pump,” read a 2022 White House statement, “and he is delivering.”

[Read: Wait, why wasn’t there a climate backlash?]

You could look at this and conclude that the Biden administration abandoned its principles at the first sign of political trouble. After all, the only way to reduce emissions is by burning less fossil fuel. By boosting domestic oil supply, the Biden administration seems to be contributing to the very problem it claims to want to solve.

The reality is more complicated. “Pushing for reductions in U.S. oil production is like squeezing a balloon—the production will ‘pop out’ somewhere else,” writes Samantha Gross, an energy-and-climate expert at the Brookings Institution. The world’s energy needs are growing rapidly, which means oil companies are going to supply it regardless of what the White House does. If the U.S. were to cut back tomorrow, prices would rise. In the short term, this would lead to less consumption and lower emissions. But those high prices would only entice producers in other countries to step in, as many did in the months after Russia’s invasion. For that reason, reductions in U.S. oil production could actually result in higher overall emissions. The U.S. has one of the least emissions-intensive oil industries on the planet. Shifting production to countries with looser standards would likely be worse for the climate.

But the deeper explanation for the Biden administration’s actions has to do with the politics of climate change. Put simply, pursuing a decarbonization agenda requires Biden to maintain political support, and there is no surer way to lose political support than by presiding over high gas prices. Biden’s approval rating has tracked gas prices for most of his presidency (although he hasn’t yet benefited from recent improvements), and the drop in prices in the months leading up to the 2022 midterms may have contributed to Democrats’ unexpectedly strong performance in those elections. Plus, when the price of energy goes up, the price of everything else tends to rise as well, sparking further inflation. Polls show that voters support boosting domestic fossil-fuel production by a nearly two-to-one margin, with a majority of every demographic group in favor except white Democrats. Energy prices could easily make the difference between a second Biden term and four more years of Donald Trump.

The latter outcome would be truly devastating for the planet. As my colleague Zoë Schlanger has documented, conservative groups are devising a “battle plan” to block solar and wind expansion, prevent states from adopting car-pollution standards, and hobble the Environmental Protection Agency. Trump is also planning to do everything he can to sabotage Biden’s signature climate bill, the Inflation Reduction Act; a Republican Congress could repeal it altogether, making it nearly impossible for the U.S. to reach its emissions targets. This all makes the cost-benefit calculus of oil production a lot trickier. A second Trump term would be orders of magnitude worse for emissions than any short-term production increase.

The same political logic extends beyond any single election. High energy prices have already inspired a populist backlash against decarbonization across Europe. The GOP has attempted to brand Biden’s clean-energy agenda as “Biden’s War on American Energy,” stoking the misleading but potent narrative that the transition to clean energy will be financially ruinous for ordinary people. If that fear were to become widespread, many leaders worry it could set back the clean-energy revolution by decades.

[James Surowiecki: How gas prices get in our heads]

“We’ve seen what happens when the move to clean energy doesn’t bring people along,” a senior Biden-administration official who was not authorized to speak publicly told me, pointing to France’s “Yellow Vest” protests against a fuel tax in 2018. Pumping more oil hurts the climate today, but it may be necessary to safeguard the policies that will save the planet tomorrow.

Indeed, the administration’s support of U.S. oil production is more of a temporary stalling tactic than a long-term strategy shift. The climate provisions of the Inflation Reduction Act—which together represent the largest piece of climate legislation in world history—are designed to do one thing: destroy future demand for fossil fuels. By funneling hundreds of billions of dollars into technologies such as solar, wind, and EVs, the law will, if all goes according to plan, make clean energy so cheap that people will switch over to it voluntarily. So far, it appears to be working. Electric vehicles are expected to be cheaper than gas-powered cars in the U.S. by as early as 2026, and solar power is already the cheapest energy source in many places. By 2030, EVs are projected to make up two-thirds of global car sales, and wind and solar will provide a third of the world’s power. That year is also when the International Energy Agency expects the world’s fossil-fuel demand to peak. Eventually, the thinking goes, there will be no reason to pump out tens of millions of barrels of oil every day—because no one will want them. The Biden administration appears to see its job as keeping energy prices stable until we reach that tipping point.

The logic is clear—but, for anyone who cares about solving the climate crisis, the implications can be maddening. A president who has called climate change humanity’s “greatest existential threat” is in charge of the world’s largest petrostate. Officials who have spent their entire career trying to prevent global warming are implementing policies that they know will, in the short term, continue to heat up an already too-hot planet. For decades, the science has been unequivocal: Humanity must stop burning fossil fuels. Yet America’s leaders have come to believe that preventing catastrophic global warming requires pumping out more fossil fuels than ever before. The most frustrating part of all this is that they’re probably right.

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A little more than halfway into his speech in Waterloo, Iowa, last night, former President Donald Trump returned to his new favorite line.

“They’re destroying the blood of our country,” Trump said, complaining that immigrants are arriving from Africa, Asia, South America, and “all over the world.” He said that unnamed individuals (presumably his advisers) do not like it when he uses these sorts of phrases. During this section of his speech, the packed crowd inside the Waterloo Convention Center was pin-drop silent. He suddenly assured everybody that he’s never read Mein Kampf. “They said, ‘Oh, Hitler said that,’” he explained, adding, “in a much different way.” Then he was right back to it. “They could bring in disease that’s going to catch on in our country,” Trump warned. “They’re destroying the blood of our country; they’re destroying the fabric of our country.”

Trump has enjoyed a double-digit lead in the polls for months. “We could put this to bed after Iowa, if you want to know the truth,” he said of the GOP-primary race. His first-place finish in the caucus less than four weeks from now seems all but certain. He continues to trounce Florida Governor Ron DeSantis, whose campaign has become something like a balloon expelling air, chaotically fluttering in its descent. And although former United Nations Ambassador Nikki Haley has continued to rise in the polls, she remains a long shot in Iowa, and only slightly less of a long shot in New Hampshire. Congressional Republicans are coalescing around their leader. Over the weekend, Representatives Lee Zeldin of New York, Wesley Hunt of Texas, and Matt Gaetz of Florida were all stumping for Trump in Iowa. The former president smells it in the air. Last night, he seemed animated, as if taking a preemptive victory lap.

[Read: ‘Nothing is going to stop Donald Trump’]

As Trump’s position in the race has improved, his rhetoric has become more extreme. Speaking to the overwhelmingly white crowd in Waterloo, he spent even more time than usual demonizing nonwhite people. Immigrants, Trump said, are dumped on our borders, pouring into our country, bringing in crime. He said they were coming from other nations’ prisons and mental institutions, that they were “emptying out the insane asylums.” Later, he went after the kids. “You have children going to school, speaking languages that nobody even knows what the language is,” Trump said, adding that “there’s no room for our students in the classrooms”—emphasis on the “our.” He once again promised that, if reelected, he’ll carry out the largest deportation operation in American history.

Two weeks ago, Trump said he would be a dictator “on day one.” Last night, he praised the “great gentleman” Viktor Orbán of Hungary. “He’s the leader, he’s the boss, he’s everything you want to call him,” Trump said of the autocratic Orbán. He cautioned that our planet is on the brink of World War III, and that he, Donald Trump, is the only one who can prevent it. (He bragged about how he personally made sure our nuclear stockpile was “all tippy-top.”) Trump scoffed at his indictments, particularly the classified-documents case against him: “I have total protection. I’m allowed to do it.” He vowed to “take over our horribly run Washington, D.C.” and give indemnification to any police officer who “gets in trouble” for pursuing a criminal. I’ve watched Trump speak live in several different settings over the past several months. I’ve never seen him more bombastic this year than he seemed last night; he sounded like an unmoored strongman.

Scott Olson / Getty

Trump’s pageant of darkness unfolded against a backdrop of Christmas cheer. The former president was flanked by two Christmas trees, each topped with a red MAGA hat. Prop presents in Trump-branded wrapping paper dotted the stage. Red, green, and white lights glowed down from the ceiling. Trump opened with a long monologue from his earlier days: how we’re all saying “Merry Christmas” again. (His campaign volunteers handed out signs plastered with the phrase.) Even the press laminates were decorated with a string of cartoon Christmas lights.

One of Trump’s warm-up speakers, Iowa Attorney General Brenna Bird, asked the audience, “What do you give the man who has everything as a Christmas present?” This was a slightly confusing setup for a joke about how Christmas is going to come late for Trump this year, when he wins the Iowa caucus in mid-January. People sort of got it.

Before Trump took the stage, I spotted Santa Claus leaning against a brick wall outside the assembly hall and asked for an interview. He wavered, then reluctantly agreed. The back of his red suit said MAGA CLAUS in gold block letters. Santa, it turns out, is a man in his mid-20s named Alex. He said he lives in Northern Virginia and works for Public Advocate of the United States, a conservative nonprofit group. He told me he plays all sorts of characters, such as Cupid and an evil doctor/mad scientist who forces people to take a COVID vaccine. He told me he had showed up at the Loudoun County school protests dressed as Uncle Sam. Two of his organization’s signs hung outside the venue’s entryway: Make the Family Great Again! and There are only TWO genders: Male & Female. Merry Christmas.

[Read: What is this ‘Christmas’ you speak of?]

Sitting at a nearby table was 81-year-old Susan Holland and her husband, Buzz. Both welcomed me with a nod as I pulled up a chair next to them. Holland, wearing a bedazzled Trump hat and an American-flag sweater with flag earrings, told me she had seen Trump in person about 10 times over the years. “We can hardly wait ’til he’s sworn in again,” she said. I asked her where she gets her news. “We watch Fox News,” she said. “We watch the regular news too.”

Over the past several months, I’ve asked dozens of Trump supporters if there is anything the former president could do or say that would make them withdraw their support. Mike Benson, a 62-year-old retired carpenter from Waterloo, was posted up a few blocks away from the venue at the Broken Record Bar earlier in the afternoon, wearing a red TRUMP 2024 hat, nursing a Bud. He told me about being out of step with his union buddies, who all staunchly vote Democratic. (He said he cast his first presidential vote for Ronald Reagan and has supported the GOP ever since.) I brought up that Trump had been praising people like Vladimir Putin, Kim Jong Un, and Orbán, and asked if he thought Trump himself would end up a dictator.

“Not a chance,” Benson said. “People confuse Trump’s praise for them. He’s not praising them; he’s acknowledging that they’re smart people. They’re smart enough to manipulate their population, and Trump is acknowledging that,” he said. “The devil is smart,” he added.

I asked him if he thinks Trump manipulates our population.

“No,” he said. “He puts what he believes is true out there, and if you believe that too, all you have to do is follow him. He’s not strong-arming people around. He’s not manipulating facts. He’s not militarizing government departments to go after opponents. He’s not doing any of that.”

Less than an hour before Trump took the stage last night, the Colorado Supreme Court had ruled that the former president was disqualified from appearing on the state’s ballot under the Fourteenth Amendment because of his actions leading up to the January 6, 2021, attack on the Capitol. His campaign has already said that it will appeal the decision, and the case appears destined to wind up before the Supreme Court.

In Waterloo, Trump didn’t mention the Colorado ruling. Instead, he focused on Biden, the swamp, and the “deep state.” “We’re going to bring our country back from hell; our country’s gone to hell,” Trump said. By Christmas 2024, he countered, the economy will be roaring back and energy prices will be plummeting. He claimed responsibility for the presently high stock market—arguing that returns are up because people believe he is returning to office.

[John Hendrickson: Could the courts actually take Trump off the ballots?]

“Crooked Joe Biden” is “a low-IQ individual” and “the most incompetent, most corrupt president in the history of our country,” Trump said. “Other than that, I think quite a bit of him.” Later, Trump mocked Biden’s slow speech at a recent news conference.

Throughout the night, Trump pandered to Iowa voters, attacking electric cars, talking about persecution of Christians, and praising those who “still till that soil.” He fired off some strange ad-libs: “Does everybody in this room love their children? Does anybody in this room not love their children? Raise your hand. Oh, that guy in the blue jacket raised his hand!”

But his grotesque anti-immigrant rhetoric kept returning—a messier, ganglier version of “Build the Wall.”

As attendees filtered into the convention center, a 69-year-old man stood outside in the frigid cold and wind holding a handwritten sign. It read: EVERY TIME YOU EAT A PORK CHOP OR RIBEYE STEAK THANK AN IMMIGRANT. The man, Paul, had driven from his home in Manchester, about 50 miles east. He told me he used to work alongside many immigrants at a seed-corn plant. He said he was dismayed by all the slurs he had been hearing about foreigners. “I decided I was gonna come, I was gonna hold the sign,” and offer a message that was “at least halfway positive,” he said. I didn’t see any members of Trump’s flock stopping to consider it.

The Colorado Supreme Court has left the justices of the United States Supreme Court in the very uncomfortable position of having to prove that they have the courage of their stated convictions.

Yesterday, Colorado’s high court ruled in a 4–3 decision that former President Donald Trump, because of his attempts to overturn the results of the 2020 election, is disqualified from appearing on the ballot in Colorado, based on Section 3 of the Fourteenth Amendment of the U.S. Constitution. The language of that section, written in the aftermath of the Civil War to disqualify former Confederates who had taken up arms against the United States in defense of the institution of human bondage, is short and simple:

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

There is no language limiting the power of the section to former Confederates, however, and its scope is sweeping, with no requirement that those engaged in the specified conduct be convicted. Indeed, given the number of people who served in the Confederate army and governments, such a requirement would have been impractical.  

[David Frum: The Colorado Supreme Court just gave Republicans a chance to save themselves]

The Colorado court weighed all of this in arriving at its decision. “We do not reach these conclusions lightly. We are mindful of the magnitude and weight of the questions now before us,” the justices in the majority wrote. “We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”

In framing the stakes this way, the Colorado court is calling the bluff of the U.S. Supreme Court’s originalists, forcing its conservative justices to choose between their purported legal philosophy and the partisan interests of the party with which they identify. The ruling itself seems written with a consciously originalist interpretation, with an eye toward legitimizing its conclusions to the justices who will ultimately be compelled to deal with the case.

The possibility that Trump’s actions disqualified him from holding office again was explored in careful detail in August by the conservative legal scholars William Baude and Michael Stokes Paulsen. They wrote, “It would not be going too far to say that Trump, having previously sworn a constitutionally required oath to preserve, protect, and defend the Constitution of the United States knowingly attempted to execute what, had it succeeded, would have amounted to a political coup d’etat against the Constitution and its system of elections and overturn the results of the constitutional process, in order to maintain himself in office as President contrary to law.”

There are a lot of practical reasons for opposing Trump’s disqualification. One is that it removes the choice of rejecting Trump from the electorate, which might seem undemocratic, even if it’s done with constitutional provisions adopted by the people’s chosen representatives. Another is that it could damage the legitimacy of democracy itself, by appearing to confirm Trump’s allegations that the political system is “rigged” against him. Still another is that it could lead to unrest or political violence. It is not hard to imagine Republicans embracing the provision and using flimsy pretexts to disqualify opponents who did nothing reasonably defined as “insurrection or rebellion.” Even if Trump were disqualified from appearing on the ballot, there is no way to prevent people from writing in his name and, after a potential victory, forcing the courts to litigate the issue again, but with his opponents demanding that the courts overturn election results.

These are all compelling reasons to avoid or disregard this provision, notwithstanding its plain meaning and intent. A second rejection of Trump at the ballot box seems like the least destabilizing outcome. The problem for a majority of the justices on the Supreme Court is that they’re not supposed to care about any of this. They’re originalists, remember? They have repeatedly insisted that if you don’t like what the law or the Constitution says, then you should pass a law or amend the Constitution, but that their own hands are rightfully tied by the text and intentions of the Framers.  

“The text means what it says. Similarly, if the rule supplied by the objective meaning of the text runs right on past the specific historical purpose for which it was enacted and embraces as well other insurrectionists, rebels, and aiders and comforters of enemies, that rule must be given full legal effect as part of the Constitution,” Baude and Paulsen write. “The rule’s overbreadth in terms of its perceived purpose, and even its inconvenience as a consequence of such overbreadth, are beside the point.”

In theory, originalism is committed to interpreting the Constitution according to its original meaning as it was understood at the time of adoption. This should lead to legal outcomes that liberals prefer sometimes and outcomes that conservatives prefer other times. In practice, it has most frequently been an undead version of the supposed “living constitutionalism” it rejects, a method of rationalizing and using history to offer a patina of legitimacy to the preferred outcomes of the Republican Party or its key constituencies. This reality has become more and more clear to the public since conservatives on the Court obtained a 6–3 majority, and began to reshape society on the basis of right-wing whims and obsessions.

[Adam Serwer: The Constitution is whatever the right wing says it is]

Originalists are not supposed to rule based on the impact of their decisions, a tendency they derisively refer to as “results-oriented judging.” Instead, they are merely supposed to ensure that the law is implemented to the letter, as it was intended to be. Indeed, all of the self-identified originalists and strict constructionists in the conservative intelligentsia should be demanding this provision be enforced as written, damn the consequences. If these labels had any meaning for most of them, they would be.

The evidence that Trump engaged in the sort of conduct the Fourteenth Amendment was designed to address is overwhelming, as is the originalist case for its application. Every piece of information that has emerged in the aftermath of the Capitol riot on January 6 has clarified what appeared even then to be a premeditated attempt to overthrow constitutional government in the United States.

What we saw on the day itself was sufficient: Having tried to bully Republican secretaries of state not to certify the results of the 2020 election, to pressure Republican state legislatures to overturn those results, to appeal to the courts to keep him in power based on fraud accusations the Trump campaign knew to be baseless, to compel the Department of Justice to substantiate fictional examples of fraud as pretexts for overturning the election, and to coerce then–Vice President Mike Pence to reverse the results based on a crackpot legal theory, Trump tried to remain in power by force.

Trump called his supporters to Washington, D.C., to protest his loss and urge Congress to overturn the results—an illiberal act but one protected by the First Amendment—then directed his followers to the Capitol, telling them, “If you don’t fight like hell, you’re not going to have a country anymore.” Retreating to safety, Trump watched on television as the mob turned violent, and initially refused to call off the rioters despite entreaties from right-wing figures who would later defend both his actions and those of the mob. The Capitol itself was ransacked as legislators fled under the protection of the Capitol Police, who lacked the numbers to restore order until the National Guard arrived. Internal messages from the organizers and a never-posted draft tweet from Trump himself have since revealed that Trump intended to direct this mob to the Capitol, hoping to prevent the peaceful transfer of power to his lawfully elected opponent.

If any of this had succeeded, Trump’s quislings were planning to order the U.S. military to suppress its own citizens if they rose up in protest to defend their right to democratic self-determination.

Still, I do not expect the Supreme Court to allow states to disqualify Trump from the ballot, and I am skeptical that the political aftermath would be desirable even if they did. Trump has been impeached twice, both times for attempting to subvert elections. The first time, he sought to use his power as president to force Ukraine to implicate his Democratic then-rival Joe Biden in a nonexistent crime in exchange for U.S. aid, and was spared removal from office by Senate Republicans. The second time he was impeached, it was for attempting to remain in power by force, and he was again spared by Senate Republicans.

Despite their anonymous whispers disparaging Trump to sympathetic reporters, the GOP elite has never possessed the will to rid themselves of a man they recognize to pose a threat to democratic self-determination, either because they are enthusiastic supporters of Trump’s authoritarian project or because they are cowards. Whatever their reasons, they have repeatedly delegated that responsibility of defending the republic to the people. I do not expect a different outcome here.

To be in this position at all, between disqualification of a man running to hold the highest office of a government he tried to overthrow and the possibility that he might win again outright, implies that no happy ending can be had, regardless of the path chosen.

The Colorado Supreme Court has declared Trump ineligible to run for presidency over his role in 2021 Capitol attack.

The former president has been removed from the Colorado presidential primary ballot in a historic ruling by the state's Supreme Court over his role in the January 2021 Capitol attack.

In historic first, judges say Trump should not be on primary ballot because of his role in the assault on the Capitol.

“The experience of being disastrously wrong is salutary,” John Kenneth Galbraith wrote. “No economist should be denied it, and not many are.”

I’m not an economist. But I was wrong about the litigation to bar Donald Trump from the ballot as an insurrectionist. I wrote in August that the project was a “fantasy.” Now, by a 4–3 vote, the Colorado Supreme Court has converted fantasy into at least temporary reality.

The Fourteenth Amendment provides that anyone who swore an oath to support the Constitution of the United States, and who then “engaged in insurrection or rebellion against the same,” is forbidden to hold any federal or state office unless pardoned by a vote of two-thirds of both houses of Congress.

I doubted that any contemporary court would apply this Civil War legacy to the politics of the 2020s. Colorado’s supreme court just did. Trump swore an oath to the United States when he entered the presidency in 2017. According to Colorado’s court, his actions leading up to the violent coup attempt of January 6, 2021, amounted to “engaging in” an insurrection. Therefore, the court ruled earlier today, Trump is disqualified from appearing on the Republican primary ballot in Colorado.

The Colorado decision is not the final word. The Colorado Supreme Court is the ultimate word only on Colorado law. In this case, however, the Colorado court is interpreting a federal constitutional amendment. Its decision can and will be appealed to the U.S. Supreme Court.

[J. Michael Luttig and Laurence H. Tribe: The Constitution prohibits Trump from ever being president again]

But the possibility of one more judicial appeal does not diminish the drama of what just happened—or the political potential.

The big winner from tonight’s decision is not President Joe Biden. The Colorado Supreme Court decision is not about the general election in November 2024. It’s about Colorado’s Republican primary. If the decision stands, the principal beneficiaries will be Trump’s Republican rivals, one of whom—Florida Governor Ron DeSantis, former New Jersey Governor Chris Christie, former South Carolina Governor Nikki Haley, or the entrepreneur Vivek Ramaswamy—will win Colorado’s delegates to the national Republican convention. If the decision is extended to other states, one of that roster will win those delegates too.

The U.S. Supreme Court now has the opportunity to offer Republicans an exit from their Trump predicament, in time to let some non-insurrectionist candidate win the Republican nomination and contest the presidency.

The Colorado court has invited the U.S. political system away from authoritarian disaster back to normal politics—back to a race where the Biden-Harris ticket faces more or less normal opponents, rather than an ex-president who openly yearns to be a dictator.

I personally didn’t expect such a possibility to open, and I worried about the risks that accompany this possibility. Will pro-Trump voters accept the legitimacy of court actions against their candidate? But the timing of this case mitigates the risk.

The Colorado Supreme Court harshly condemned Trump personally. It ruled him an insurrectionist, in effect a traitor. It joined his name to the roster of the Confederate rebels whom the authors of the Fourteenth Amendment wanted to ban from politics. And at the same time, that court offered emancipation from Trump to Trump’s party.

The polls seem to indicate that Americans’ preferences for 2024 stack up as follows: Trump will probably lose to Biden, but almost any other Republican would likely beat the current president. Until now, Trump supporters have been protecting Biden from his own weaknesses, by insisting on nominating an even weaker alternative. Republicans who want to win in 2024 were just delivered a big favor, if they will accept it: a state supreme court ruling that their weakest general-election candidate is disqualified from running in the primaries where his too-loyal base is not emoting, not thinking.

If upheld by the Supreme Court, the Colorado court’s decision might yet save the GOP from itself. Will the GOP consent to be rescued?

[Read: Trump’s threat to democracy is now systemic]

Since Trump made his comments about wanting to be a dictator for a day, some Republicans have argued that there’s nothing to fear, because the institutions will stop him: The military won’t obey the illegal orders Trump has said he’ll issue; the Department of Justice won’t prosecute the authoritarian cases Trump says he wants to bring. For those Republicans: Here’s your chance. The Colorado court has just granted you what should be your fondest wish, a clear path to the Republican nomination for a post-Trump candidate. Chris Christie, Nikki Haley, and even the boorish Ron DeSantis would all be more constitutional presidents than Donald Trump—and Haley especially would likely prove herself a more compelling candidate.

Until now, Trump’s Republican rivals have shown themselves too scared to fight and too weak to win. The question ahead: Are they too scared and too weak even when the win is presented to them by the courts? The immediate reaction of many of them was, as usual, to cower and truckle—to take Trump’s side against their own. This is their last exit; if they drive past, there will not be another before the primaries finish.

The present Supreme Court is highly attuned to the wishes of conservative America. If the conservative majority senses permission from Republicans to save Republicans from themselves, they might do it. If they sense a veto from Republicans, they may not. What is said and done in the next days and hours may matter a great deal. If Republicans want rescue, they must stop pretending they object.

The Constitution bars those "engaged in insurrection" from office. But does that apply to Mr Trump?