FEBRUARY 8, 2024

This has been a brutally full week of news: the collapsed border bill, the failed Mayorkas impeachment, the conclusion of the Biden classified documents probe. And yet none of those is the topic of the day here, because there’s an even bigger matter playing out in the Supreme Court.

Earlier today, the court heard arguments on Donald Trump’s eligibility to appear on Colorado’s presidential ballot. Colorado’s Secretary of State previously ruled him ineligible, citing January 6th and Section 3 of the 14th Amendment, which bars from office those who violated their oath to the Constitution by either participating in or giving aid to those who participated in an insurrection. I was going to wait until the afternoon to post a link on the hearing, thinking there would be plenty of great editorials about it. I’ve decided, however, that there’s more to be gained by simply posting audio of the proceedings. The reasons are many, but I’ll keep my list to two.

1. The hearing reveals each of the Supreme Court justices to be the thoughtful, imminently qualified jurist he or she is. Skip to any point in the audio and you will hear every one of them — no matter his or her supposed ideology — asking remarkable, piercing questions of both sides. They are not remotely the caricatures the pundits would have us believe them to be. As for the pundits — there are your caricatures.

2. The case is not as cut-and-dry as the pundits claim. Listening to the arguments, it’s clear there are some real hurdles here for both sides. You can hear it in the justices’ questions. You can hear it in the attorneys’ responses. The attorneys even concede at times that some answers aren’t straightforward and others don’t support their case. When lawyers aren’t banging on a table screaming, “I’m obviously right,” listen to them.

So there you have it. Like I said, there are tons of reasons to listen to the proceedings. The two above almost have me going back to listen again. It’s a wonderful reminder that, whatever the ruling, the justices will decide this thorny matter with deep deliberation. That’s all we can ask for.