The Supreme Court’s recent decision in Trump v. Anderson There was a fear that there would be a “patchwork”, or a variety of state opinions, on how to apply Section 3 of Fourteenth Amendment in the case of Trump (and other potential candidates for federal office). All nine justices were united by this concern even though they disagreed in other areas. In its majority per curiam, the majority is concerned that “a state-bystate resolution of whether Section 3 bars any candidate for President from being able to serve would not yield a uniform response.” The concurring opinion, written by three liberal justices, also invokes the threat of “a state-by-state patchwork at odds with the federalism principles of our nation.”
In earlier writings I argued this is an overblown issue because federal court can review state legal decisions. If the concern is valid then it is because the Constitution gives power to states to administer elections, rather than to a federal agency who can impose uniform national rules. Michael Rappaport and
